Substance of a Report on the Laws and Jurisdiction of the Stannaries in Cornwall

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SUBSTTANCB OF

A REPORT

ON THE

LAWS AND JURISDICTION

OF THE

S9tHntmti$ii in eomlnaU*

BY

SIR GEORGE HARRISON, K.C.H.

ONE OF HIS majesty's SPECIAL COMMISSIONERS FOR MANAGING
THE AFFAIRS OF THE DUCHY OF CORNWALL,

AMD

AUDITOR OF THE REVENUES AND KEEPER OF THE RECORDS

OF THE SAID DUCHY.

1829.

LONDON:

FSIMTXD rOB

LONGMAN, REES. ORME. BROWN. GREEN, AND LONGMAN.

PATERNOSTER ROW.

1835.

LONDON:

PRINTED BY W. CLOWES AND SONS,

14, Cliaring Cross.

INTRODUCTION

The following is the substance of a Report
made by George Harrison, Esq., one of His
Majesty's Special Commissioners for Managing
the Affairs of the Duchy of Cornwall, and
Auditor of the Revenues, and Keeper of the
Records of the said Duchy to the Special Com-
missioners, pursuant to the directions of their
minute of the 12th August, 1828, wherein
they were pleased to desire that, in the course
of his proposed investigations in the county of
Cornwall, he should " extend his inquiries into
the state of the Stannary Courts, as well as of
the administration of justice, within the Stan'
nary Jurisdiction, and to communicate to them,
and also to the Lord Warden, the result of
such inquiries." The Report is dated the 13th
April, 1829.

It is now published, with a few only of the
appendices, and with some trifling additions,
and revised with the object of rendering it
more concise than it is in the original.

B

2 INTRODUCTION.

The recommendation of a gentleman of high
consideration in the county of Cornwall, who
has seen the Report, and who is pleased to
think it would be desirable that it should be
" accessible to many who are ignorant of much
that it contains," is the cause of the present
publication.

SUBSTANCE OF A REPORT,

8fc. 8fc.

That the Constitution of the Stannaries in Great Antiquity
the counties of Cornwall and Devon, as an /l.^ o* ST *'*'''"
exclusive system of regulation and government, suunaries.
applicable to certain peculiar and most im-
portant local interests in those counties, was
in existence at a period infinitely more remote
than the reign of Richard I., which ended more
than 630 years ago, is evidenced by a document
which is still in perfect preservation in the Re-
cord OflSce of the Exchequer, and bears date in
the last year of that monarch's reign. The origin
of that Constitution is lost in preceding ages
of unfathomable antiquity.

The same document, and other records, auo of its
attest the existence also, at that very remote •^'^•*'*^''^-
period of the jurisdiction of the Stannaries, .
as a peculiar and exclusive system for the
administration of justice, in all matters con-
cerning them, and therefore justify the conclu-
sion that the^ jurisdiction, if it were not
even coevaly in its origin, with the Constitu-
tion of the Stannaries, followed close upon it.
The convenience, if not the necessity, of the
former, for the well-being, if not the pre-
servation, of* the latter, must very soon have
suggested itself to those whose interests were
involved in their union. Their coexistence
throughout all periods of still existing record is

b SUBSTANCE OF A REPORT OJ^ THE

undoubted; and this consideration might pro-
bably carry up the Stannary jurisdiction very
nearly to the time of the Phoenician traffic with
Britain for tin.

IS

Carta Staona-
riarum Domini
Regis, 9th
Richard L

" ITiis jurisdiction," says my Lord Coke,
guided by special laws, by customs, and by
prescription, time out of mindly

The earliest authoritative document upon
the subject of the Stannaries, is a Record still
existing in the Black Book of the Exchequer,
which ascends so far back as the 9th Richard I.,
A.D. 1198, and which is termed " Carta Stan-
nariarum Domini RegisiJ' It is a return
made by the sheriff of Devon and Cornwall,
and William de Wrotham and others, to Hubert,
Archbishop of Canterbury, the Lord G. Fitz-
peter, and to the Barons of the Exdiequer, in
pursuance of two writs or precepts issued to
the sheriff by the Archbishop; in the first
of which, he was required to give all the Stan-
naries in charge to William de Wrotham, instead
of Geoffry Fitzpeter, and to cause "him to hold
the Stannators in the same freedom which they
both ought, and are wont to havej." And
the sheriff is further commanded to have such
'' legal men§'* as he should name, to assist him
in taking charge of the stamps of the Lord the
King, and all the revenue of the Stannaries,

♦ 4 Just. p. 229.

t A transcript of the oripnal in Latin will be found in Hearne's
Liber Niger Scaccarii, voL ii., p. 360.

J Et Stagnatorea ei habere /ados in ea libertate, quarn
habere dehent et solent,

} •• Viros legales/*

STANNARIES OF THE DUCHY OF CORNWALL. 7

and to dispose of the profit .of them. And in
the second, the sheriff is commanded to sum-
mon juries, to inquire into the weights of the
meltings. The letters of the Lord G. Fitzpeter
are also acknowledged, whereby he desired that
the persons signing the return, would act with
William de Wrotham, instead of himself, as
justiciaries (Justiciee), to carry into effect the
precejrt of the Lord of Canterbury. William
de Wrotham and these justidaries present, that
on the 19th day of January, 9th Richard I.,
they inquired by the oaths of the wise and dis-
creet jurors therein named, concerning the just
weights of the tin in Devon, and that the just
and ANCIENT weight of the city of Exeter, " by
which the second melting anciently and now,
and ALWAYS^," &c. And it was found that for
every block weighed by the greater weight, there
are given to the Lord the King, from ancient
custom, thirty pence for the fann of the Stan-
naries in Devon, and for the cost of the car-
riage to the market-townst. And they further
present, that on the 25th day of January, 9th
Richard L, they inquired by the oaths of the
other wise and discreet jurors therein named,
concerning the just weights of the tin in Corn-
wall. And it was found ^^ that the just and
ancient weight of the second fount (melting)
ANCIENTLY and now, and always used to be,
&C.J;" And that the just and ancient weight
of the first fount, anciently and now, and

* P er quod antiquitas et nunc et semper solebat, &c.

t De quolibet miliari, per majus pondus ponderate, dantur
Domino Regi deANTiQUAconsuetudine xxxd. ad Firmam de Staa*
nariis in Dbvonia, et pro Gusto Vecturae ad Villas Marcandas,

t Aniiquitas et nunc et temper solebat, &c.

8 SUBSTANCE OF A REPORT ON THE

ALWAYS used to be, and ought to be greater
by thirty pence than the weight of the first
fount of Devon. And that for every block
weighed by the greater weight, there are given
to the Lord the King, from ancient custom,
five shillings for the farm of the Stannaries in
Cornwall, and for the cost of carriage to the
market-towns*.

The expressions in this Record sufficiently
prove that in very remote times, and originally,
all the TIN in Devon and Cornwall belonged
to, and was the undoubted property of, the Crown.
But that under some lease (Firmade Stannariis) ,
granted by the Crown at some very remote
period long anterior even to the reign of
Richard I., the tinners had acquired certain
prescriptive rights, of which they had iong
been in the enjoyment ; so long indeed as to
justify and call for expressions in a return from
a royal officer to the Prime Minister and the
Barons of the Exchequer, which necessarily
imply their enjoyment in times which even
at the date of that return were evidently of the
remotest antiquity t. The duties reserved to
the Crown, as the compensation for the grant of
this ANCIENT lease, were evidently in the
reign of Richard I. (A.D. 1198), and in times

* Quod justum et aniiquam pondus primae Funturee Stagni
CornubisB antiquitus et nuncet semper solebat esse magus dexxx
nummatis stagni quam pondus primsa Funturse Devoniee; de
quolibet milliari per magus pondus ponderato dantur Domino
Hegi de anttqua consuetudine V. solidi ad firmum de Stanna-
riis in Cornubia et pro Gusto Vecturce ad Villas Marcandas.

t Omnes Foditores, et ni^ri Stagni Emptores, et de Stagno
primi fusores, et de Stagno primae FunturseMercatores, habeant
justas et ANTiQUAs consuetudines et liber tates in Devonia et
Cornubia constitutas.

STANNARIES OF THE DUCHY OF CORNWALL. 9

hng interior to that period of U^e same re-
spective NOMINAL amounts as they are at
present The cost of carriage to the market*
towns, (which was obviously \s. in both the
cases of Devon and Cornwall,) has long
ceased to be paid to the Crown, as the carriage
itself by the Crown has ceased also. But if the
cost of carriage be subtracted from the duties
payable to the Crown in respect of the farm or
lease of tin {Firma de Stannarih), the sum of
]s, 6d. will remain for the coinage duties of
Devon, and 4*. for those of Cornwall.

The Lord Warden of the Stannaries was
clearly an ofiSicer then, and probably hng before^
in existence, as " Capitalis Gustos Stannaries
rum'' He is spoken of in this Record as a regu-
larly established officer of the Stannaries *.

The Charter of the 3d of King John follows charter of 3d
close upon the preceding return in the reign of ^^ 120T
Richard I., and equally establishes the facts of
the high antiquity — the coinage duties payable
to the King, under this ancient lease (Finna de
Stannariis)— of the remote prescriptive rights
of the tinners, and of the Stannary customs, the
date or the origin of which is wholly unknown,
and of the office of the Lord Warden. The
Stannaries are therein called the demesnes of
the Crown i. The Stannators could in all

* This Record would seem to negative the inference which
we should draw from the statements of the early historians,
that Richard I. had granted to his brother John the Profits
of the Stannaries in his erant to him of the Duchy of Corn-
wall. The name of John, nowever, does not once occur in this
Record.

t Quia Stannarii sunt nostra Dominica.

10 SUBSTANCE OF A REPORT ON THE

time * freely and quietly, and without the inter-
ference of any other person, dig tin, &c. &c.
as they had been used to do by the ancient
custom.

Necessiijr for It will appear from the circumstances here*

the'jurisdiciion after Stated, that a summary /bca/ jurisdiction,

ineflBciency ^ud its maintenance in full efficiency and

vigour. yjgQm.^ and indeed its extension. to all other

minerals as well as tin, was never, at any

period, of greater importance to the mining

interests in Cornwall than it is at the present

day.

Without some system of summary local
JURISDICTION, the mines both of tin and
copper would inevitably cease to be worked,
and the immense underground-wealth of this
rich mineral county would remain for ever
buried in the bowels of the earth. Had copper
and any other minerals as well as tin been
known to abound in Cornwall, there cannot
be the least doubt that the Stannary laws and
regulations would have included them also
within their purview. But the advantage of the
Stannary laws has been extended, and not im-
properly, to copper, wherever the quantity of
tin raised has been sufficient to constitute the
mine a tin^mine, although copper may have
been raised out of the same mine. Any quantity
of copper ore would not of course alter the cka^
racier of the mine as a TiN-mine.y

* Omni tempore, libere et quiete, fodere Staminum, &c.
^cut de antiqud consuetudine consueverunt.-^'Kt quod non
recedant ab operationihus suis pro alicujus summonilione, nisi
per summonitionem Capitalis Cusiodis Stannariarum, &c.

STANNARIES OF THE DUCHY OF CORNWALL. 11

The eaistififf system of Stannary jurisdic- founded on

1 ij«./» 1^- •• •! immemorial

TION has had its toundation m itnmemonai usage ana
customs and usages of the remotest antiquity, ^{J'^^j^^j
and in Royal Charters, (equally respected, re- stannary laws.
cognized, and confirmed by various acts of the
British Legislature,) and in codes of laws,
enacted from time to time in the local con-
vocations or Stannary parliaments, which
have occasionally been assembled under the
royal sanction, by virtue of writs of Privy
Seal *.

These Stannary laws, and these Stannary in what
customs and usages (having by immemorial sun^oY^raws
prescription the efficacy of laws), are judi- *re enforced.
cially enforced, through the medium of de*
crees and judgments of the Courts of the Stan-
naries.

* Carew gives the following concise account of these con- Lord De Dun-
vocations or Stannary parliaments. " In matters of important stanville*s EU.
consequence, appertaining to the whole Stannary, the Lord p. 60.
Warden or his under Warden useth to impannel a jury of
twenty-four principal tinners, which consist of six out of every
quarter retumahle by the mayors of the four Stannary towns,
and whose acts bind the residue.'*

On this passage of Carew, his annotator, Mr. Tonkin, ob-
serves : " This is what we call a convocation or parliament of
stannaiors or tinners, who are generally some of the principal
gentlemen of the county ; and they choose to themselves as
many assistants out of the most discreet and able persons con-
cerned in TIN matters, who are caUed the lower house of con-
vocation." '

John Thomas, Esq. (who was Vice-Warden of the Stan-
naries from the year 1783 to the year 1812, and was well
versed in S^annar^ matters), in his report to the Prince's
council of the 21st February, 1785, observes of the Stannary
parliament, that ** it is like unto the British in this respect,
that it consists of three branches: viz. The Lord Warden,
representing the King ; twenty-four Stannators, representing
the Lords ; and twenty-four assistants, chosen by the Stanna-
tors, the Commons,*

)}

"^

12

SUBSTANCE OF A REPORT ON THE

Irregular
assumptioD of
Jurisdiction by
the Vice-War-
den's Court>
and its conse-
qnences.

These 0>urts are, —

1st. The Court held by the Lord JVardeviy
or his Vice- Warden.

2d. The four Law Courts, — one of which is
held for each of the four Stannaries y and over
which the Steward of the Stannary is the
presiding judge.

The JURISDICTION which has, for some years
past, been assumed and exercised by the local
Court of the Vice- Warden, was recently
called in question. The accustomed resort to the
courts of the . Stewards of the Stannaries, as
the appropriate Court of Common Law Jurisdic^
turn (from causes to which I shall have occasion
presently to advert, and which partially connect
themselves with this assumption of jurisdic^
TioN by the Court of the Vice-Warden), grew
in some measure into disuse. A total suspen-
sion of the administration of justice in the
Stannaries was, ^or the four or five years which
preceded the Auditor's Report, the serious
consequence.

Representa-
tions from the
county Mem-
bers and Mr.

This uncomfortable state of the Stannary
affairs led to representations from the Members
for the county of Cornwall, and Mr. Davies
DaviesGUbert. Q^^y^^ (^uc of the Mcmbcrs for Bodmin), to

the Lord Warden ; that the Stannary laws had
in consequence thereof becoine wholly inope-
rative, to the manifest inconvenience and serious
injury of all owners of mineral property
throughout the county, in regard to those most
important local and peculiar interests. And

STANNARIES OF THE DUCHY OF CORNWALL. 13

His Majesty was graciously pleased in His
Letters latent of Appointment of the Commis-
sion under the Great Seal, of the individuals
who were thereby appointed to be Commis-
sioners for managing the affairs of His duchy,
to advert to these representations (which had
been submitted to His Majesty), and to com*
mand them to *' inquire into the state of the
Stannary laws, and the administration thereof,
and into the proceedings of the Stannary
Courts," for the purpose of '* redressing the
evils" complained of in those representa-
tions.

In order to enable them to carry into effect Points to be
His Majesty's gracious commands, it became ^^"•'***'^*
necessary that they should ascertain, —

Ist. What was the object ^ and what is the na- i«|j Th« o^ea
ture, of this peculiar system of jurisprudence, Jhe ^siem, wd
as derived from the ancient customs and usages °^«'' T'****
of the Stannaries, declared and confirmed, or jd^^%' ud
altered, from time to time, by Royal Charters, JJIJJ^JJ *^ .
or by laws enacted in the British Legislature, or within what
in the Stannary convocations or parliaments ? ^/jj"*^ ***
Over what particular species of property, or of coDfined.
interests, its jurisdiction extended? What
particular descriptions of persons were em-
braced ; and in what manner, and to what
extent, within the scope of its jurisdiction ?
And lastly, within what particular local limits
the exercise of that jurisdiction was con-
fined ?

2d. What were the respective legitimate ^' V*^ ^^^
functions, and the limits of the respective uonsorthe

14 SUBSTANCE OF A REPORT pN THE

Jnd thTs't* tr ' •JURISDICTIONS, of the local Courts by which

ard'sCoart?. justice io all Stannary matters has been, or

(mght to be, administered ; namely, the Court

of the Vice- Warden, and the Courts of the

Steward of the Stannaries ? And,

«

3d. The nature 3d. What was the particular nature of the

jurisdictfoTof extraordinary jurisdiction, which has been

the Vice-War- assumcd by the Court of the Viee-TVarden?

rru^'a. And what have been its practical operation, and

its effects upon the administration of justice in

the Steward's Court ? And what has been the

(ionsequential inconvenience and detriment, of

which it has been productive, to the mining

interests ?

It was to these points that the Auditor's in-
quiries were directed ; and it was upon the con-
sideration of their results, that the .Commis-
sioners would be enabled, humbly, to submit for
His Majesty's approval, the adoption of such
measures, as, in their judgment, might be best
calculated to redress the existing evils ; and, by
giving efficiency and vigour to the administration
of the Stannary laws, restore confidence to the
public mind, as to the full security of their pro-
perties, and the complete protection of their
interests, under that peculiar system of juris*
diction.

Thecircnm- But before he entered into any detailed

ied"to*the tus* accouut of the rcsult of his inquiries into the
peiwionof the Ugitimate functions of these respective courts.

Vice- Warden's j .i. j« .• • t_« j i_ a. » ai

Court and the distmgmsbing and characteristic

features of their respective jurisdictions, the
Auditor thought it would be satisfactory to re-

STANNARIES OF THE DUCHY OF CORNWALL. 15

call the recollection of the Commissioners, and to
solicit their attention to the facts and circum-
stances which immediately led to this suspen-
sion of the exercise of the jurisdiction of the
Vice -Warden's Court.

The Auditor then stated the case of the Ball-
due mine in the parish of Kea, in the county of
Cornwall, which it is unnecessary in this sum-
mary to recapitulate. It is sufficient to state,
that the Vice-Warden made his decree in the
said cause against Mr. Frederick Hall, an
adventurer in, and the principal manager of, the
said mine. That pending these proceedings in
the Vice- Warden's Court, Mr. Hall filed his
Bill, in the High Court of Chancery ^ against
John Vivian, Esq. (then the Vice-Warden),
and all the other complainants in the said suits
in the Vice- Warden's Court, praying that a
Writ of Prohibition might issue to the Marquis
of Hertford, John Vivian, Esq., &c., &c.,
commanding them to cease from the further
prosecution of the suits in the Vice- Warden's
Court,

The defendants demurred to this Bill. The
demurrer was allowed, and the BiH was dis*
missed ^

In Easter Term, 4 Geo. IV., Mr. Frederick J^'^'bUglr
Hall brought his action of trespass in the Court of by Haii

against the
— ■ ■ ' Vice-Warden

* mi A 1' \ 1 A * ' • . » ii. *"*^ others Id

* The Auditor was unable to obtain a copy or mmate of Ine ^3,

decree or order of the Court of Chancery. Bnt it was satis-
factorily shown> that the alleviations in the Bill, regardins^ the
Stannary jurisdiction, were altogether erroneous and un-
founded.

16

SUBSTANCE OF A REPORT ON THE

Judgment by
default.

Communica'
tioos with the
couDty Mem-
bers and Mr.
Dalies Gilbert.

King's Bench against Mr. Vivian, the Vice-
Warden ; Mr. John Edwards, his secretairy,
Mr. Tippet, the auctioneer, who sold the mate-
rials, and others*.

Judgment was sufferetl to go by default, upon
the ground that the Court of the Vice- Warden
was a Court of original jurisdiction in matters
of EQUITY only; and that the Steward's
Court was the Court of Law in which all actions
at LAW should originate t.

It will be proper here to state, for the pur-
fect understanding of the course pursued by the
Duchy, that the cause of the suit in the Vice-
Warden's Court was for the recovery of
debts which had been incurred for work done,
and materials supplied, for the said mine, by
tradesmen, not having any interest or concern
whatever as partners or co-adventurers in the
said mine.

In February, 1827, the Members for the
county of Cornwall, Sir Richard Vyvyan, and
Mr. Pendarves, and Mr. Davies Gilbert (one of
the Members for Bodmin) , requested an inter-
view with the Lord Warden on the subjectof
the ^tamiary affairs. His Lordship was pleased
to express a wish that the Attorney-General of the
Duchy, andMr.Wallis,then the Vice- Warden,

* See Appendix A.

t The distinction between the Vice-Warden's jurisdiction
in EQUITY, and the jurisdiction at Common Law of the
Steward, and the triRl by jury, appears to me to be clearly
defined in the Stannary Convocation Act of the 26th Geo. II.
Item 9, p. 97. The Vicb-Wakdbn*s order is therein stated
to have been considered as the law of the Stannaries,

STANNARIES OF THE DUCHY OF CORNWALL. 17

(who was then in towii,) together with the Au-
ditor, should see these gentlemen on this subject ;
and on the 13th February, 1827, an interview
took place, in which they represented the im-
portance to the mining interests, not only of an
eflEicient administration of the Stannary laws, as
they existed at present*, but that copper (which
they stated to be of as great importance as tin),
and aU other mmerahy should be brought within
the Stannary jurisdiction. After some discus-
sion, Mr. Davies Gilbert, with the concurrence
of the county Af embers, undertook to furnish the
Auditor with a memorandum of all the points to
which they wished to request the attention of the
Lord Warden, and the ofl&cers of the Duchy.
That memorandumt was brought under the con-
sideration of the Commissioners; and it was then
thought advisable that any Bill which might
be submitted to Parliament for the attainment
of the objects which the Members for the
county, and Mr. Davies Gilbert, had in view,
should be brought in by them ; and that if the
same should meet with the approbation of the
Commissioners, they would humbly recom-
mend to His Majesty, that the Royal assent
should be given to the said Bill. In this course
of proceeding the county Members and Mr.
Davies Gilbert concurred; and on the 27th
February, 1828, the latter gentleman trans-
mitted to the Auditor the draft of a Bill,
which had been approved by the county Mem-
bers, to be submitted for the approbation of the

* See Appendix A. 1, 2, and 3.
t Appendix B.

18 SIFBSTANCE OF A REPORT ON THE

Commissioners. The dAtfib of this Bill'*' was
referred, by their directions, for the opinion
of the Attorney-General of the Duchy, and
Mr. Coleridge, who suggested the expediency
of postponing the introduction of any legis-
latiye measure, until the intended inquiries into
the subject of the Stamiary jurisdiction
should have taken place, and the Courts were
placed upon a more unobjectionable footing;
when they considered the proposed measure
might be introduced into Parliament witli
greater advantage. , To this suggestion of the
counsel, the county Members and Mr. Davies
Gilbert assented.

It may be proper here to state, that Mr.
Davies Gilbert afterwards informed the Auditor,
that he Ibundthe sentiments of some gentle^
men in the county were not favourable to tke
Bill which he had proposed ; it was tlierefc»re
abandoned.

Firtt principal The Auditor then proceeded to the conside-
Md^unbD?""^ ration of the first principal h^d of inquiry,
namdy, —

What was the obfect, and what is the nature
of the peculiar system of Stannary juri&pbu-
DENCE ? — Over what particular species of pro-
pertf/ or of interests its jurisdictioi^ extended ?
—What particular descriptions of pereone were
embraced ; and in what manner, and to what
extent, within the scope of its jurisdiction ?-*-

* Appendix C.

STANNARIES OF THE DUCHY OP CORNWALL. 19

And. lastly, mthin what particular localhmiU
the exercise of that juaisDicTiON was confined ? .

Ist As to its object ? ]^^ ^^^

pecttUtr system

For information, as to the object of this of jurisdictiaiu
i^stem, we must refer to the most ancient
Charters in existence, which recognized and
confirmed the still more ^ancient customs, the
JLedn non seriptay of the Stannaries^ in which
this system had its remote, and now undiscover-
able, ori^, namely, the ^^ Carta Stannariarum"
of Richard I., the Charters of the 3d year of
John, A.D., 1202, and the 33d of Edward I:,
1305.

The importance which, in these early times,
was attached to ihi& peculiar source.of revenue to
the Crown, and the care with which the ancient
prescriptive customs of the class of individuals
through whose labours it was rendered pro-
ductive, were guarded, is sufficiently evinced by
those Charters. The operations^ by which
this source could alone be rendered available,
were of a peculiar nature, and required that the
daily occupations of the operators should not
be imped^ by any liability to interruption in
QttMers unconnected with them.

Th^e Charters, therefore, confirmed to all
persons working (pperantes) in the Stannaries,
(which, in both of the two latter are desig-
nated to be the demesnes of the Crown,) whilst
so working (dum operantur), the privilege (to
which hy prescriptive custom they were entitled)
of exemption from all pleas of Villanage, &c,

c2

20 . SUBSTAKfcE OF A REPORT ON THE

m the King's Courts. They were no* to be
drawn from their labours to answer^ in any
matters concerning the Stannaries, to any civil
process (pleas of land, life and limb, excepted)
before any of the King's Justices, &c., to which
all other subjects of the realm were amenable.
They were bound only to obey such legal
process as should issue from their own chief, to
whom the Crown had committed the govern-
ment of its Stannaries*.

The original object of this exclusive system
was undoubtedly the same as that which is the
avowed object of its con^rmatian, namely, ** the
quiet and benefit of the tinner s^;'^ and which that
Charter follows up by granting to them an
exemption from all tallages, tolls, &c., in respect
of thei^ own goods in. the towns, &;c., and maiv
kets within the county.

2d. As to the nature of the Stenmary system
of jurisprudenee*

^t^^ilC^' The natwre of this exclusive jurisprudence

SUnnary system IS thuS defined, viz. :-^

of Jurtspru- ,

dcnce. __

The Warden, or his lAeutenanty was to hcM
all pleas between tinners, and also between
them and all other persons (who, in the said
Charter, are termed " Foreigners'^), of all tres-
passes, &c« ^' in places within the Stannaries ;
and to administer justice between the parties.

* Appendix D.
Charter 33 t Ad tranquillitatem et utilitatem nostrorum StannatoruQi.

Kdward I. — See alao the reBson assi^ed in the statute of 1 6 Charies I.

STANNARIES OP THE DUCHY OF CORNWALL. 91

Mcording to right *, and as thenkyfore in tha
^aid Stannaries had been aocufitotnedt/'

The concluding sentence of this clause de»
monstrates the fact; that the system (comprising
its EQUITABLE jurisdiction) then rested on the
firm and venerable basis of prescription %.

Tinners rendering themselves liable to im*
prisonment, were to be arrested by tlie fVdrden^
and kept in the Stannary prison, at Lostwi-
THIEL, and not eisewher^.

There is in this Charter a singular provimon,
which would seem . to confer a new benefit on
the timbers, and which strongly marks the re*
gaird which was had to their interests, even in
matters not immediately conneeted with their
mining occupations.

In cases where tinners should put themselves
upon an inquisition of the country, regarding
any fact within the county, but not relating
to tJie StannarieSy one-half of the jurors were
to consist of tinners, and the o^er htdf of
foreigners; if regarding a fact wholly ro^
lating to the Stannaries, then the inquisition
sbould be had as theretofore had been ac-
m^tmaed.

-rr-t-

* '* Riqht'' necessarily implies an *' equitable Jurisdiction/*
both in the Lord Warden, or his " Locum ienens,** or Vice-
Warden,

t Concessimus etiam quod Capitalis Cusios Stannar. %t Charters
BaJlivi ejus per earn habeant supr. prsed. Stannator plenarium •{j|?'J» ^•^*
potestatem ad eos justificandos» et ad rectum produceados. ^^^^*

" Prout justum, et hactentis in Stannariis illis fuerit Charter 33
tuiiatum:* Edward I.

t Appendix'^E.

$ " In prisoni nostri de Lostwithibi., et non ALiBt."

34 SUBSTANGS OF A REPORT ON THE

limited to rights and interests in matters ex-
dusiyely concerning tin ; excepting there may
be such a quantity only of copper ore conjoined
with the ore of tin, as will not alter the cha-
racter of the mine as a tin mine.

The rights comprehended within those limits
are, —

1st. All rights and interests, justly acquired
under theStamnartf law^, in the absolute usufruct
of the underground soil, for the digging for
and raising the ores of that metal, and also to
such a qualified usufruct (with some exceptions)
of the surface, as may bond fidt be necessary
for the enjoyment of the former right, in-
cluding the qualified usufruct (under specified
restrictions) of all streams of water whose
natural course may run within the surface-limits
of the underground rights. And, on the other
hand^ the prevention of injustice, by the usur-
pation of any auch rights in violation of the
Stannary laws.

2d. The securing to the lords of the soil, or
to those who may have acquired any soch under-
ground rights, those dues, or proportions of the
product of TIN mines, to which, under the
Stannary laws, they may be entitled.

3d. The regulation of all dealings between
the miner who raises the ores, and prepares
them for conversion into the metal, and the
blower or smelter, whose business it is to effect
that conversion, and the control of this busi-
ness, for.the prevention of frauds on the miner.

\

STANN ABIES OF THE DUCHY OF CORNWALL. 25

4th. The enforcmg the assay, and the
stamping or coinage (as it is termed) of all
TIN, blown or smelted before it is deemed mer-
chantable ; by which the qtiaUty of the metal is
ascertained^ and the merchant dealer is pro-
tected from adulteration, and is assured of its
quality : and the Du&E of Cornwall is secured
in the receipt of his ancient revenues arising
from this source.

5th. The power of adjudication of all matters
in difference between persons concerned, in
mining operations regarding tin, so as to^
entitle them to the character, either oi privikged
tinners, or tinners at largely within the meaning
of the Stannary laws, or between any such per-
sonSi and any other persons not so concerned,
who, in the language of the Stannary Charters,
are denominated " Fareignersy

*

Thus we may perceive that the Stannary
laws embrace within their jurisdiction the
settlement of every right, connected with the
production of tin, from \i& first extraction from
the bowels of the earth in the shape of ore,
until li^ final conversion into a metallic state t.

But here . we are met by a question which
involves the consideration tof the expediency of
removing all doubt upon the subject, and of
bringing copper, and all other minerals in
Cornwall, within the operation of the Stan^
nary jurisdictj^on.

-^~^- ------- — - .-- liar- ■-■ ■ ^m J ■ »- ■ ■ ^-*

^ This distinction will hereafter he explained.

t The proposition here assumed remains to be proved.

2!6 SUBSTANCE OF A RKPORT ON THE

What is a tin mine ?

The Vice- Warden's Court, in the exercise
of its discretion, has long since taken upon itself
to decide llie question*

It is a well-known fact, that tin and copper
are frequently found associated, in greater or
less proportions, in the same mine;— ^and the
respective ores of both these metals are brought
to giroM (as it is termed), that is, laid upon the
surface, out of the same shaft of one mine.

The practice in the Vice-Warden's Court
has been to consider the mine (its quantity of
tin being such as to preserve its chmtcter as a
TIN mine) ; and to decree and deal with it as a
TIN mine, and to adjudicate upon all the ether
minerals' found> as well as the tin.

»

The assumption of this jurisdiction was
evidenliy adopted, in order to prevent an incon-
venience of greatt magnitude, and which miist
have put a stop to the working the mine
altogether *. For parties would otherwise have
obtained redress, as to the tin orCy through a
SUMMARY jurisdiction und^ the Stannary
laws ; but, with respect to the copper ore, they
would have had no other resort than to the
Court of Chancery in hondon, a resort which
must have been productive of absolute ruin to
the concern.

Supposing, therefore, that ihe decrees of

* The Vice-Warden was in the practice of adopting words
under which his decree was acquiesced in, and enforced without
any question* viz.» " tin ore and other minerals/*

STANNiUEtlBfi OF THE DUCHY OF CORNWALL. 27

the Vice- Warden's Court, ns to all Mer mi-
neral productions of the mine (with the
exception of tin ore)^ were not strictly correct,
and according to law, or the small quantity of
TIN, aod the larger quantity of copper, might
take away from the mine its legitimate cAa-
racter of a tin mine, the precedent of Hall
and Vivian would operate as an inducement to
every dissatisfied suitor, to appeal to the ordi-
nary Gomiis, against the decrees of the Vice-
Warden, on the plea of his having exercised a
JURISDICTION, not strictly justified by law, as
to the copPERy— and the Stamnary administra-
tion of justice would be placed in an endless
state of confusion.

The. objections, therefore, to the continu-
ance of such a system, are too obvious to need
any conmient.

The invariable mode of working the tin mines The mode of
in Cornwall, by aetU, or letting them out to ^^^^'"kt*"-
companies, or partnerships of co-adventurers,
more or less numerous, absolutely requires a
summary course of equitable jurisdiction for
settling their disputes, similar to that which has
been ex^ercised in the Court of the Vice-War-
den"*" ; a resort to Chancery would be productive
of positive ruin to the mine. The partnership
would be at the mercy of any dissatisfied part-
ner, who might ruin the concern whenever he
pleased.

'''Tin setts are little more than memoranda of agreements
between the Lords of the soil, or the Bounder, and the Adven-
turers, and are very loosely drawn. Copper setts, on the other
hand, are by deed on stamps, with formal and regular cove-
nants between the parties.

26

SUBSTANCE OF A REPORT ON THE

4th. As to the
description of
person* within
the Stannary
Jurisdiction.

Charter 3
King John,
A. D. 1302.

The only remedy which. would seem to jwe-
sent itself for the cure of these great evils,
would be, that of bringing, by a legislative
measure, the mineral products of every descrip^
Hon under a similar system of summary juris-
diction •

4th. Over what descriptum of persons the
Stannary jurisdiction extends ? or, in other
words, who are tinners, within the meaning of
the prescriptive Stannary customs, as confirmed
and expounded by Charters, Acts of Stannary
Convocation, and by the Act of the National
Parliament, of the 16th Charles I., cap. 15.?

The subject of this inquiry has given rise to
much controversy. In order to render it intel-
ligible, we shall take up the consideration of it
from the earliest written documents, and thence
deduce it down to the last Stannary Convocation,
or Parliament, in the. 26th Geo. II., A;D. 176®.

We have seen that, by the document on
record of 9 Richard I., " omnes Foditores, et
nigri stagni Emptores, et de stagno primi fusores,-
et de stagno primse funturee meroatores, ha^
beaut justas et antiquas consuetudines et lit--
bertates in Devonia et Cornubia constitntas/'

In the Charter of the 3d John, the expresrie«'
is, — " Omnes Stannatores nostri in Cornubia
et Devonia, sint liberi, et quieti de placites
nativorum, dum operantur ad commodum finnae
nostrae, &c." et quod non recedant ab opera-
tionibus suis per alicujus summonitionem nisi
per summonitionem Capitalis Custodis Stannari-
arum vel Ballivorum ejus, &c.

STANNARIES OF THE DUCHY OP CORNIITALL. 39

In that of the 33d Edward I. (the foundation gj^f^^ j^
upon which the whole Stannary system has been 1305.
supposed, erroneously, to have been built), its
object is stated to be '^ad Ewendationem*
Stannariarum nostrarum in Com. comab. et
ad tranquil lit atem et utilitatem nostrorum Stan-
natorum," generally. But it grants — " Quod
omnes Stannatores operantes in Stannariis dum
operantur in eisdem Stannariis sint liberi et
quieti de Placetis Nativorum, &c." " Ita quod
non respondeant coram aliquibus Justiciariis, vel
ministris nostris de aliquo placito, sen querela
infra prsed. Stannar. emergent, nisi coram cus**
tode nostro Stannar. nostras, &c/' (exeeptid
placetis terrae, vitse, Membror.) " nee recedant
ab operationibus suis per summonitionem ali-
cujus ministror. nostror. nim per summonitionem
dicti custodis nostri, &c."

Seventy years after the date of the latter
Charter, in the 50th year of Bdwani III. (A.D.
1375), petitions were presented to the King
in Pariiament, from the Commonalties in Corn-
WAi^L and Devon, complaining of many extor-
tions, &e., under colour of the Franchises
granted by the Charters, and praying an
exposition of them. Upon these petitions a
declaration was made in Parliament, which is
stated at length in the 4th institute of my Lord
Coke, who designated it, '* an excellent decla-

* The term " emendation,^* necessarily implies a more an-
cient existence of the Stannaries, We have seen that, uf warda
of 100 years before the date of this Charter, the custome of the
Stannaries were even then so ancient as evidently to ascend
beyond the memory of man. ' i

30 SUBSTANCE OP A REPORT ON THE

rati<m> aniiotetion^ and exposition of the said
Charter of the 33d Edward I*."

The explanation required was, " whether
any other persons besides tinners working in
the said Stannaries^ should enjoy the Franchises
granted by the King in the said Charter; and
whether other persons than the working tinners
(averours), that is, their masters that hire them,
dnd their servants and others claiming the
Franchise/' And whether '* the said working
Unners (overours) should enjoy the said Fran-
ehises at any other time than while they were
workiog" (Que qiumt Us overont).

To this it was answered, that '* the words
operantes in Stannariis illis, et dum operantur
in eisdem StannarUsy"* were clearly to be ntL'^
derstood, de operariis laborantibus duntektat in
Stannariis illis sine^an^^^ et dolo, et Hon de
oRis, nee a/i&* laborantibus.

Explanation was also required, as to the
right claimed by ihe tinners *' to work in other
phees, as well as in the demesne of the King's
;randiather (le roy Vayel)^'' there being in the
^^harter an article which *^ gave them leave and
licence to dig in terris, moris, et vastis ipsius
Dom. Regis et aliorum quonimcumque, &c.'''

No other answer was given to this inquiry

* P. 232. 8ee also RoUs of Parliament, 50 Edward III^
and Pearce*8 Stannary Laws, p. 6., in whidi is' a translation of
it. If the object of an Exporition be to elear np €ust whieh
was obtciiro or doubtful, I cannot ooineide with my Lord Coke
in the exoellenee of this declaration.

STANNARIES OF THE DUCHY OF CORNWALL. 31

than *^ that it seemed necessary that the cos**
toms and usages should be diligently inquired
into."

In answer to the. prayer, that <he persons
assigned to make the inquiries, should take the
issue of the country, if there were any between
parties, and how the article touching the cus--
toms was executed before the making the emd
Charter*, it was stated, that "the advice of
the great Council should be taken thereupon ;
and that records of various descriptions (therein
enumerated) should be examined, so that a
knowledge of the real truth might be the betten
attained."

. And, in answer to a complaint of abuses as
to the custody and liberati<N) of prisoners in the
Stcmnarjf gaol at Lostwithiel^ it wlis declared
that it should be inquired into, and that the
return to this inquiry should be especially de«
clared, if there should be occasion.

In consequence of this declaration, in Parlia- commiMion

, g-^ ^ • • • J :t A-% r^ A under the Ureal

ment, a Commission was issued under the Great seai, for inquir-
Seal, dated the 6th July, 50 Edward Ill.t, to «?i»tothe
SIX persons therein named. * complained of.

July, 50 Ed-

" What was done upon this commission,** i376.
says my Lord Coke, " we have not yet found J/*

* We have seen before decisive proof of the existence of a
Stannary jttrisdiction* founded on prescription many
hundred years before the Charter of 33 Edward I.

t This commission will be found at length in my Lord
Coke's 4th Institate, p. 232.

X 4 Inst. p. 236, an unsacoessful inquiry has recently been
made by the Auditor for' the return to tnis comnission.

32 SUBSTANCE OF A REPORT ON THE

^i^Ttelnrthe -^g^^st this declaration, Richard Prince of
Ki^"^Pariia* Walcs and Duke of Cornwall (afterwards
thrsai^dlcu. ^^^S Richard II.) made a remonstrance in the
ratio" by**"*" succccding Parliament (51 Edward III. A.D.*
Richard Duke 1377), whcrcin he stated, certain Franchises

of Cornwall, ^ ^.^i » -i n .

51 Edward HI., wcre appurtenant to the said btannanes, some
A.D. 1377. ijy charter^ some by common right, and some by

usage and custom in use throughout all time of

memory 'f.

This remonstrance is preceded, on the Rolls,
by a petition of the commonalty of Devon,
and is succeeded by another from the same
parties, and praying to be heard before the
Council.

There is only one answer on the Rolls of
Parliament, which was to the following effect : —
That the matter should be examined into by
the Council of the King, and the Prince^ and
that right should be done thereupon J. It
does not appear, that any thing further was
done on this petition of Richard § ; but from

* Pari. Rolls, vol. ii. p. 371. No. 65.

t Ascuns par Chartre du Roy, et ascuns de commune droit,
et ascuns par usage et custom uses de tut temps de memorie.

t Le Proces ent serra examine par TAdvis du Conseil sur
St. le Roy, et de Monsr. le Prince, et sur ce droit et reson
ent sur a fait«

( In the proceedings of a Stannary parliament, holden at
LosTWiTHiEL in or about the thirtieth year of Queen Elizabeth
(A.D. 1588), of which the Auditor has a copy in MS., is the
foUowing article, viz. : —

" 3d. We find also that a petition was made unto said King
Edward III. in his fifty-first year, for repeal of the said statute
of explanation of the said Cnarter (33 Edward h\ but we do
not find it was repealed, for that the King died, and no parlia-
ment holden, as we thinks in the fifty-first year of his reign."

That these Stannators were correct in their conclusion, that

STANNARIES OF THE DUCHY OF CORNWALL. 33

the recitals in the Act of the National Parlia-
ment of the 16 Charles I., cap. 15, it would
appear that the Charter of 33 Edward I. " so
declared'^ (in the Parliament of the 50 Ed-
ward III.) " was repeated again, and in the
8th year of Richard II. commanded to be put
in ejcecution/'

The next document which may be consi- th^ chtKer
dered as bearing on the point in question is 23Hen.vii,
a Charter of the twenty-third year of King a.d.i507.
Henry VII., entitled the " Charter^ or Patent of
Pardon *."

It appears that Prince Arthur, the eldest son
of King Henry VII. and Duke of Cornwall,
made certain ordinances for the government of
the Stannaries, which not having been duly
observed by the tinners, they had in conse-
quence incurred penalties, from which they
were relieved by the Charter above mentioned,
on petition, and payment of 1,000/., to King
Henry.

The persons who had oflFended against these

the declaration inParliament of 50 Edward III. was not repealed,
is most probable from the circumstances stated in this Report.
But the explanation of its non-repeal is quite incorrect ; for a
Parliament u?a« holden, as we have seen in the 51 Edward III.
This foct marks, in a very striking manner, the ignorance
of persons, even in the higher classes of society, as to matters
of history and public affairs ; for amongst the Stannators com-
posing this Stannary Parliament are the names of persons
representing some of the most ancient and respectable families
in Cornwall, viz. the Mohun*s, the Edgecumb's, the Cour-
tenay*s, the Trevanion's, the Grodolphin's, and the St. Aubyn's.

The author of the Bailiff of Blackmore^ and Foyraore, is mis-
taken in supposing that this exposition was repealed.

* See extract from this Charter in Appendix F.

D

34 SUBSTANCE OF A REPORT ON THE *

ardinanees of Prince Arthur, and who by this
charter were pardoned and released from the
penalties which they had incurred, were Robert
Willoughby, Lord de Broke, John Mohun, Esq.,
Peter Beville, Esq., John Godolphin, Esq.,
James Erisey *, gent., and many others therein
named, but who are all therein said to be '^ atiier^
wise called tinners {Stannatares) , bounders, po^
sessors of tin works,possessors of blowing-houses,
buyers of black or white tin," or by " whatsoever
other names, or additions of names, or occupa-
tions they or any of them is called."

?rw^Jr°*t' In the eighteenth year of King Henry VIII.

Inquiry iDto the ico-x.. #-i • • ° • J aT_

customs of the ( A. D. 152o) two Comuussions were issued, the
faTHe"! VIII. ^^ ™der the Privy Seal of the Kmg, dated
AD. 1525. the 16th August, and the other by the Marquis of

Exeter (then Lord Warden of the Stannaries),
dated the 18th August, to five persons therein
named, in order to inquire into, and settle, cer-

* 1st Sir Robert Willoughby was created by King Henry
Vn., in the 1st year of his reign. Lord Willoughby de Broke.
He was at the siege of Boulognb with that monarch, and was
one of the chief commanders against the Cornish Rebels in
the year 1797. — ^Lyson's Ck)mwall, 1st Pt. p. Ixxxii., and 2d Pt.
p. 52.

2d. John Mohun, of Hall, a branch of the family of the
Lords Mohun of Dunster, which settled in Cornwall, temp.
Edw. III. IVom him descended the Lords Mohun of Oak-
hampton, wUch title became extinct in 1712. — Id. p. Ixxxiij.

3d. Peter Bevflle. This family came over to England with
the Conqueror. The male line became extinct in the reign of
Queen Elisabeth. — Id. p. cxxiij.

4th. John Godolphin. The ancestor of the Godolphin family,
which is now represented by the Duke of Leeds. — ^Id. 2d Ft.
p. 40.

James Erisey, gent. A very ancient family, traced up to
the reign of Edw. I. ; became extinct in 1722 ; is represented
through a female line by Lord Wodehouse. — ^Id. 1st Fart,
p. cxxxii.

STANNARIES OF THE DUCHT OF CORNWALL. 35

tain doubtful customs of the Stannaries in *
Coniwall*. The Commissioners held a " Great
Session" at Lostwithiel, on the Ist September in
the same year. Their proceeding is entitled, —

*' An exemplification of certain doubtful cus-
'^ tomes, as also the determination of certaine
" constitutions and laws for divers abuses newly
" risen within the Stannaries in Cornwall."

The first article in this document is to the
following purport : —

No man to be taken for a tinner, and privi-
leged to sue, or be sued in the Stannary Courts,
but such as have some portion in tin works,
or that employeth some charges in making
things requisite for the getting of tin, as car-
penters, smithes, colliers, blowers, and such
like.

The 29th article refers to two decrees, the
one in Chancery, and the other in the Star
Chamber ; and directs that order be taken for
the exemplification of the said decrees, " toge-
ther with the non molestando in quinquegessi-
mo, Edw. 3 ; and of the repeal of the same in
anno 1"^^ Edw. 4."

In the 23d and 27th years of Hen. VIII. two Two Acu of
Acts of Parliament were passed for the pre- t^*J*^d*(cJp.
vention of injury to the sea-ports in Devon 8,) and 27th'

* This commission is extracted from a very old MS. book in
the Duchy OtBce.

d2

36 SUBSTANCE OF A REPOBT ON THE

t*!^' ?^??o"*^ and Cornwall, by the accumulation of rubbish

A.D. 1532 and _. in i i- /»

1536. conveyed into them trom'the working oi tin

streams.

They enact, that if any person should be
sued, &c. ** by any officers of any of the King's
Courts of Stannary for pursuing any action, un-
der these statutes, then all such suits, &c., and
every act to be done in any of the Courts of
Stannary, should be void. But they provide
that those statutes should not prejudice any offi^
cers of the Stannaries, nor their lawful laws
or customs, saving only in the cases contained
in those statutes*."

S^cawen"^ Amongst the MS. documents in the Duchy ,

vertHt Chaplin, Officc is thc Tcport of a casc which was tried at

couits.^*''""*'^ Truro in the latter end of the reign of King

Henry VIII., before Sir William Godoiphin,

Under- Warden and Chief Steward, and a Spe-

» cial Jury of twenty-four persons, one-half of

* In Pearce's Laws of the Stannaries (p. 137,) is the fol-
lowing inaccurate quotation from an Act of Parliament of the
4 Hen. VIII., cap. 8, " If any person should he sued, accused,
indicted, imprisoned, amerced, condemned, or otherwise vexed
or trouhled in his person, lands, tin-works, goods or chattels, hy
any of the ministers or ofBcers of the King^s Courts*^ The
above affords one of many proofs how little this a^uthor is to be
relied on. The Act itself may be seen in* the Appendix to the *
Statutes at large (vol. 10, p. 183). There is not to be found in
it anything like the above, which professes to be a quptation
from it : on the contrary, it inakes void, not any proceedings
in the King^s Courts^ but those of the Stannary Courts, The
Act itself is a curious historical document. The Quotation in
Pearce is evidently taken from the Act of 23 Hen. VlII., cap. 8,
but with the unpardonable omission of the words " qf Stan-
nary*' after those of " the King's Courts^" by which the whole
sense of the passage is altered.

STANNARIE8 OF THE DUCHY OF CORNWALL. 37

whom were tinnersy and the other half mer-
chants, between Hugh Boscawen, Esq. (who is
said, by the author of the Bailiff of Blackmore,
to have been a wise man, and learned in the
Lawes of this Realm), on the one part, and John
Chaplin, a merchant, buyer of tin, on the
other. The question at issue was, whether the
delivery of a tin bill amounted to a good sale of
the tin; and it was adjudged in the affirma-
tive*. This case is here cited merely as illus-
trative of the description of persons who have
been held amenable to the Stannary jurisdic-
tion.

The next cases upon record are those in the TheciseofTre-
4th and 7th years of Queen Elizabeth, and "^^.^^
which are quoted by my Lord Coke in his 4th Chanceryand
Institute t; namely, that of Trewynard wrj?w* «^«surCha«n
Killigrew et ah, in Chancery, and that of Tre-
wynard versus Roseanock et aL, in the Star
Chamber, in both of which it was decided, that
no writ of error lay to any of the King*s
Courts upon any judgment in the Stannary
Courts.

In the 30th year of Elizabeth, a Stannary Convocation or
Parliament was convened to meet at LosTWl- the'30°Eiiz^
THIEL, by Sir Walter Raleigh (then Lord ^e^> a.d.
Warden), by virtue of the Queen's signet.

The different sorts of tinners are thus defined ;
viz. —

♦ This case is fully stated in the work before quoted, entitled
the Bailiff of Blackmore, from which it is extracted,
t See Appendix G.

38 SUBSTANCE OF A REPORT ON THE

7. " We find also that there are two ewts
of tinners; viz. tlie tin-worker, spalliard, or
pyoner, for whose ease the Charters were first
granted, who are proper^ called tinners,
which spalliard, pyoner, or tinner, is not to
sue or be sued out of the Courts of the Stan-
nary, or drawn to any further jurisdiction for
trial of any case whatsoever, except matters
touching land, life, or mayhem."

9. '^ The second sort of tinners are such as
have some portion of TiN-works, or mine toll-
tin, as lords or farmers thereof, or do convert
black into white tin, or are necessary for the
getting of TIN, as colliers, blowers, carpenters,
smithes, tin-merchants, and such like, inter-
meddling with ti-affic of TIN, in consideration
that they do keep men to work, — are owners of
bounds, or works, or bestow wages, or charges
for getting of tin, — are necessary persons, or
employ their labour about the tooles, coals,
working and smelting of tin. These do enjoy
the priviliges, that they may sue and implead, be
sued or impleaded, in the Stannary Courts; and
we are of opinion, that they also are freed from
all toll, &c." in all markets, &c.

Proceedings It would appear from a petition, presented in

jIfd^Vin*regard *^^ carly part of the reign of James I., by the
to the Stannary wholc body of tinucrs, to William Earl of
iSeSmc";!? Pembroke, then Lord Warden *, that Queen .
A.D. 1608. Elizabeth had, by her letters directed to the

Justices of Assize of Devon and Cornwall,

* Lord Pembroke succeeded Sir Walter Raleigh^ as Lord
Warden of the Stannaries, in the year 1603.

STANNARIES OP THE DUCHY OF CORNWALL. 39

commanded all judges, justices, and other
officers, not to compel any officer of the Stan^
naries^ or any tinner^ to answer for any cause
or abuse arising within the Stannaries^ and
determinable there ; but that the government
<^ all such cases should be permitted to have
their passage before the officers of the Stanr
naries *•

Soon after the appointment of the Earl of
Pembroke the jurisdiction of the Stannary
Courts began to be called in question. Of this
the tinners complained to Lord Pembroke, who
thereupon addressed letters, dated 12th Febru*
ary, 1605, to the Judges of the King's Bench
and Common Pleas, stating that the tinners
were troubled with process for tin causes in
their. Courts, and praying that such tin suits
might be dismissed t.

These letters having failed to produce the
relief prayed for, his Lordship, on tjie 2d Febru-
ary, 1606, addressed a memorial to the Privy
Council.

The matter was referred to the consideration
of all the Judges, who appointed that each
party should exchange their demands in
writing.

Five points were raised by the Lord
Warden J.

♦ See Pearce's Stannary Laws, p. 14.

t Appendix H. J Appendix I.

40 SUBSTANCE OF A REPORT ON THE

The first was, —

'^ That the cognizance of pleas granted by
the words ' Stannatore^^ operantes* be declared
to extend, not only to the diggers of mines, but
to all mechanical persons which were employed
in the bringing of the tin to perfection, — as,
he that dug turf, he that diverted the water,
he that blew the tin in the refining of it."

The second point was,—

*

*^That the * Tenere phcita be declared to
extend, as well to the owners, farmers, and
contractors of tin, as to the labourers and
mechanical persons."

The remaining points raised by the Lord
Warden will be adverted to hereafter.

After several hearings, the resolutions of the
Judges were drawn up by my^ Lord Coke, and,
after approval by the other Judges, were signed
by the Lord Chief Justice Fleminge and him-
self, and sent to the Lord Warden.

The resolutions of the Judges* (dated the
26th November, 1608), upon the said two
pmnts raised by the Lord Warden, were as
follows, viz. —

Ist. " That as well blowers as all other
labourers and workers, without fraud or cooin,

* Appendix K.

STANNARIES OF THE DUCHY OF CORNWALL. 41

in or about the Stannaries in Cornwall and
Devon, are to have the privilege of the Stan-
naries during the time that they work there:"
and, —

2d. " That all matters and things concerning
the Stannaries^ or depending upon the same,
are to be heard and determined ia those courts,
according to the custom of the same, time out
of mind of man, used."

We now come to the code of laws enacted or^'plrilament
in the Stannary Parliament, holden at Lost- of the stann»-
wiTHiEL, in the 22d James I.*" SrAmesi.

The 12th section of this code thus defines
the " privileged tinner," not impleadable " in
any foreign court," viz., the labouring tinner,
the blower, the owner of blowing-houses, tlie
spallard, the adventurer, that is, at any charge for
gettingor making of tin, a smith, a collier, or any
person that is employed in working or making
any tin, or about any necessaiy utensils for the
working of the same ; and imposes penalties,
recoverable by the officers of the Stannaries, on
all persons who should implead any such pri-
vileged tinners for any cause arising within the
Stannaries. Arid the next section (the 13th)
prohibits (under penalties) any tinner from
suing either tinner or foreigner t, or any
foreigner from suing a tinner at Common Law,
or in any Foreign Court, for matters determinable
in the Stannaries,

* See printed copy of this Stannary Law.

t This provision is abrogated by the statute of 16 Charles I.
cap. 15, sec. 6, which empowers any tinner, ii' he shall think
fit, to sue 9Xiy foreigner at Common Law.

42 SUBSTANCE OF A REPORT ON THE

But we find in this code other descrip-
tions of persons than those above specified, as
privileged tinnerSy brought within the purview
of the Stannary laws and customs^ and within
the operation of the Stannary jurisdiction,
either as entitled to &e benefits and protection
which they afibrd, or as amenable to that JU-
RISDICTION for any violation of them.

The attempts made to esppknn the great
Charter of Edward I. would seem to have been
very unfortunate in their results. The exposi-
tion in Parliament, in the 50th of Edward
III., failed in its object. The said resolutions
of all the Judges in the 6th James I., which
had been prepared with so much pains and
calre by my Lord Coke; and which had for
their object to ea^plain and set at rest the diffi-
culties which had arisen on the construction,
not only of the Charter of Edward I., but
also of the explanatory declaration oi that
Charter, in the dOthof Edward III., also failed
in their object, inasmuch as some of these
explanatory resolutions themselves required
explanation. *^ Differences arose about the
meaning of the articles in the said resolutions,
and great grievances had thereby happened to
the inhabitants of the county.*' In consequence
whereof the said Earl of Pembroke, in the 3d
Charles I. (A.D. 1627), referred the explaneh
Uon of the said resolutions to all His Majesty -s
Judges *.

Resoitionof The Judgcs, having heard counsel on botli

* See Appendix K.

STANNARIES OF THE DUCHY OF CORNWALL. 43

sides, and the King's Attorney-General, came 3d chariet i.
to the following resolution, in explanation of the ^^* ^^^'*
Jiret article of the Judges' resolutions in the 6th
James I., viz. —

*
'' That as well blowers as all other la-
bourers, without fraud or cooin, in the Stanna*
riesy are to be taken for such tinners as are
to have the privileges to sue and be sued in the
Courts of the Stannaries during the time that
they^work there, and not longer, and no other .
tinners whatsoever. For, although many per-
tons may be styled tinners, as the Jurates of
the several Stannary Courts, owners, adven^
turers, undertakers in tin mines, or such
like; yet, nevertheless, the tinners which are
to have the privilege only to sue and to be sued,
in the Courts of the Stannaries, and not else*
where, are such tinners as are the blowers,
and all other labourers, whose personal attend-
ance is necessary to be employed in the said
TIN works, during the tiiBC they work there,
and no longer, and no other tinners whatso-
ever, which doth appear so to be by former
resolutions in Parliament, as well the 50th and
5 1 St Edward III."

But even these last resolutions, eaplanatary
of the former explanatory resolutions of the 6th
James I., failed to set at rest the questions
which had arisen on the Stannary jurisdic-
tion ; for it appears from the Records of the
Privy Council, that in the year 1632 the Earl
of Pembroke petitioned the King in Council on
the subject, and that, after long hearing and
debate, it was ordered, that the Judges should

44 SUBSTANCE OF A REPORT ON THE

search out and peruse such statutes and olhei:
records as might concern the business of the
clearing of the jurisdiction of the Stannaries,
and make report thereon *.

Rules laid down Ou the 18th February, 1632, certain arti-
colncH,"*^ cles and propositions concerning the jurisdic-
A.D. 1632. TiON of the Stannaries, produced by His Ma-
jesty's Attorney-General (Noye), were read
and approved of by the Board ; only some few
particulars, thought fit to be added, were, by His
Majesty, recommended to his said Attorney-
General, who was required to cause a fair
transcript thereof to be signed by the Judges
before they went their circuits, and to return
the same to the Council Board, to the end that
it might be kept in the Council chest.

They are entitled, " Rules to be observed and
kept in His Majesty's Court at Westminster,
and His Court of the Stannaries/' and were
agreed to before the Board, His Majesty being
present in Council, and afterwards subsigned
by the Lord Warden of the. Stannaries, and all
the Judges of His Majesty's said Coui-ts, at
Westminster f , and the Attorney-General. .

Tinners, and the Stannary jurisdiction, as
applicable to them, are thus defined : —

" The workers about 1,he tynnb, whether in
the myne, or streame, the carryer, washer, and

♦ See Appendix L.

t Six of the Judges who signed these rules were the same
who signed the explanatory resolutions of 1627.

STANNARIES OF THE DUCHY OF CORNWALL. 43

blower of tynne, and the necessary attendants
about the works, have priviledge that they
ought not to be sued out of the Stannarye
(except it be in causes concerning life, member,
or freehould), for any cause arising within the
Stannarye; and if they be sued elsewhere, the
Warden may demand conusans, or the partye
may plead his priviledge."

" Besides these, —

" There are other tynners that doe noe hand-
work, as are owners of the soyle, owners of the
bounds, owners of the blowing-houses, and their
partners, buyers and sellers of black tynne,
or whyte tynne, before the deliverance, —
these may sue one another, or working tyn-
nerSi or any other, in and for any matter con-
cerning tynne, or TYNNE works in the Stan-
nary Courts."

" Both these tynners, and the workers, may
sue one another in the Stannarye for all causes
personall, not concerning freehould, life, or mem-
ber, arising within the Stannary, or elsewhere
arising,"

" One tynner may sue a forrayner in all like
causes personall, arising within the Stannarye;
but a tynner may not 6ue a forrayner in the
Stannary for matters personall arising out of
Stannary'^

" Of these latter sort of tynners, such only
are intended as within some convenient tvme

46 SUBSTANCE OP A REPORT ON THE

make profitt, or endeavour to make profitt, to
the coynage."

^T**ifir° '^ *^® ^^^^ y^^*" ^^ K^"g Charles I. a

Charles I. Stannary Parliament was holden at Lo^twi-
A.D. 1636. thiel *.

The 2d section refers to the resolutions de-
clared by the Judges, anno 6 Jacobi Regis
1608, and enrolled in the High Court of Chan-
cery ; but no notice is taken of the explanatory
resolutions of the Judges of the 3d Charles'!.
(A.D. 1627), or of the Rules of the Privy
Council in 1632.

By the 5th section, the distinction between
the privileged tinner and all other tinners, and
the extent to which they are respectively en-
titled to any exclusive or other privileges, or
are respectively subjected to the operation of
the Stannary jurisdiction, are clearly defined.

This section " affirms, that, hy the ancient
custom^ the spalliard working with pick and
shovel, the water-man, the boll, or barrow-man,
the dresser, the blower, and all other tinner-
labourers and workmen that necessarily attend
getting the tin, or the dressing, blomng, or
whitening it, so long as they continue their
working without fraud, are properly called 'joW-
vileged tinners* and are not to sue'f, or to be

• See printed copy of this Stannary Law.

t See Statute 16 Charles I., cap. 15, section, 6» which enablei
a tinner to sue & foreigner at Common Law, if he shall think
fit.

STANNARIEJS OF THE DUCHY OF CQRNWAJLL. 47

sued, out of the Stannary Courts (saving in
case of life, land, or limb) ; and it further
" affirms, that all the said former privileged
tinners^ if they shall discontinue their working
about TIN and tin works, and also all the
officers and ministers of both Courts, the
affieerers, the owners of tin works in wasted,
or several ; the adventurers in tin works, the
buyers of black and white tin, and generally all
others that intermeddle with tin, are called, .
' tinners at large ;' and have also the liberty
to sue and may be sued in the Stannary Courts
for matters there determinable, and may also
sue and be sued at the Common Law^ at the
pleasure oi iYie plaintiff ''

We now come to an Act of the British Par- Act of Pariia-
liament, the 16th Charles I., cap. 15, entitled, Te^hchlrie.!.,
"An Act. against divers incroachments and c.is,a.d.
oppressions in the Stannary Courts*/' ^ '

This Act recites, inter alia, " that the ftw-
ners in the counties of Devon and Cornwall
had, by virtue of their Charters, enjoyed great
liberties which did of right belong to the
working tinner, and not to any other, or
ehewhere working, and were granted to the
said tinners for encouragement in their works."
It then recites the evils which had arisen from
*' false ttnd feigned tinners, and that the juris-
diction of the said Stannaries had, contrary to
ancient right and usage, and the said Char-
ters, been endeavoured to be extended out of
the places where the tinners did work, no way
for the benefit of His Majesty.*' And that, by

48 SUBSTANCE OF A REPORT ON THE

the said abuses^ great inconveniences did follow,
which are there enumerated.

It was enacted, that '' the said declarations
should be thenceforth duly observed, with this,
{inter al.) that if any person sued in the Start'-
naries should swear, in the court where he
should be sued, that he was not a tinner y then
the defendant should be discharged of such
suit, unless the plaintiff was a working tin-
ner, and that the cause of his suit arose within
the Stannaries, or concerned tin, or tin works.
And if any person being not, re vera, and with-
out fraud, a working and labouring tinneTf in
or about some tin work, set on work within
one half-year next before his suit, should sue, in
any of the said couii;s, or before the Warden,
Vice-Waeden, or Steward of the said
Stannaries, any person or persons that was not
a tinner or tinners at the time of the suit com-
menced, then the defendant should have his
action, at the Common Law, against the person
suing, and recover 10/. and his costs, if brought
within two years/' And, —

Section 6 enacts, that *' it should be lawful
for the said tinners, if they should think fit, to
sue ujxy foreigners at the Common Law *."

Parliament of A Stannary Parliament was holden at Lost-

■■■■- ■■■ ■ ■■■■■■■■■■■■■IB I ^^^^^^^^^^ ■■■■■^■■■■■M ■ ■■■■ ^^»^NW .^ ^^ Ml

* The reason of this provision is stated to be, <* that the said
Charters were ^nted for the ease and advantage of the tinner,
and not for their disadvantage or oppression ; and yet divers of
them, who, for special reasons, had desired to sue at Common
Law, had been restrained. "

STANNARIES OP THE DUCHY OF CORNWALL. 49

withiel in the 2d year of James II. (A.D. the stannaries,

"I fiorr* \ •" the 2(1 Ja%,

1687*.) II., A.D. 1687

Other sorts of persons besides privileged tin-
ners, are distinctly recognized as coming within
the operation of the /Stannary jurisdiction ; for
msteince, lords of the soilB,nd bounders (Sects. 1,
2, 3, 4, 8, and 23) ; adventurers in tin mines
(Sects. 5, and 6) ; owners of blowing-houses
(Sect. 14); buyers and sellers of black and white
TIN (Sects. 16 and 31); and the term **<tn-
ners'' is repeatedly applied to descriptions rf
•persons who, from the circumstances, could not
be supposed to be labouring tinners (Sects. 8,
22, and 32); and the Section (20) directing of
what description of persons the grand jury for
the law courts should be composed, ordains that
they should be " of the best and most sufficient
^annators (Stannatores) , to wit, owners of tin
lands, owners of bounds, and adventurers for
tin, not being merchants or shopkeepers."

or

Geo. U.
1752.

The documentary proofs on this subject con- Convocation,
elude with the last Stannary convocation holden the' stannaries,
at Truro, in the 26th year of King George II. ^6 g.
(A.D. 1752 .t) ^'^'

The owners of blowing and smelting-houses,
and their managers and agents, and the con-
duct of their business, are placed under a
stricter surveillance of the Stannary Courts;
and they are made, liable for any breach of its

* See printed copy of the Stannary laws.
ir See the printed copy of this Stannary law.

E

60 8UBSTANCE OF A REPORT ON THE

provisions, to heavy penalties, recoverable by
action therein (Clauses 1, 2, 3, 4, 6, 10, and
17) ; owners, and but/ers, and sellers of black
and white tin, have remedies for injuries, and
are rendered amenable for misconduct in the
Stannary Courts (Clauses 2, 3, 4, 5, 6, 7, and
10); the lords of the soil are protected in
their rights, and the bounders are regulated and
restrained in the exercise of theirs, through the
medium of the Stannary jurisdiction (Clause
8, Sections 1, 2, 3, 4, 5, and 6) ; the rights
and interests of adventurers in tin mines are
guarded, and the mutual dealings and differ-
ences of co-'odventurers in the same mines are
regulated and settled through the same medium.
(Qauses 9, 10, and 14.)

Review of the A coucise revicw of the BXicieni prescripUve

customs and j . ^-ir • . r ai^

documents re- usages End customs, the Liea? non scripta oi the
lating to the Stannaries, as recognized and certified by au-
tbe stannaries, thoritativc Written documcuts, may probably lead

us to a just result, as to the immediate question

under consideration.

It is assumed, upon the authority of the reso-
lutions of all the Judges, in the year 1608, that,
long before the existence of any written, and
now extant, documents, " all matters and
things concerning the Stannaries, or depending
upon the same^ were to be heard and determined
in those (that is the Stannary) Courts, aceerd^
ing to the custom of the samCy time out of mmd
of man used*'

It follows that every person having an in-

STANNARIBTS OF THE HUGHY QF CCHONWALL; i61

terest in any matters so determinable, was,
under the custom, embraced within the juris-
diction of those courts. But in what manner,
or to what extent, according to tlie euetom, can
only appear by inference, drawn from the written
autlioritative documents, recognizing and en-
larging, or abridging the custom*

The words '* dum operantur,'' and " ab charter of
operatiomhus suis," in the Charter of 3 of John, 12^02,'p. 43?
have authoritatively been considered as limiting
the exemption therein given from all other
JURISDICTIONS, to the lahouring tinner. The
consequence would be, an abridgment (by impli-
cation and construction of the Charter) of the
rights, in this respect and to this extent, of aU
other persons, concerned in tin mines, than the
isfiouring tinner, if any such rights they had,
under the custom ; but it« left tdl such other
persons, whose rights and intecests were cog-
nizable^ under the custom,^ in the Stannary Courts
(subject to the above qualification only), as tliey
were before the Charter. JTieir rights and in-
terests were still cognizable in the Stannary
Courts, but not (as in the case of the labouring
tinner) in absolute exclusion of any other of the
legitimate jurisdictions of the country.

The Charter of the 33d Edward I., professing charter 33
in its outset to have for its object " the quiet a!d.*i306.
and benefit of the tinners,^' (without any words
of qualification, as to any particular description
of tinners,) proceeds to grant the exemption,
and the privilege of being amenable solely and
exclusively to the jurisdiction (^ the Lord

e2

52 SUBSTANCE OF A REPORT ON THE

Warden, in terms nearly similar to those in
the Charter of John. .And it exempts them
(which the Charter of John does not) from all
tallages, 8ce.

This concludes the Jirst head of grant in the
Charter ; and the sense of the whole passage,
by necessary grammatical construction, is con-
fined to that description of tinners who were
" operantes," and " dum operantur."

The Charter then proceeds to another and
distinet head of grant — " concessimus etiam
ekdem Stannatoribus ;" the right to dig tin,
and turf to melt tin, and where necessary, to
divert waters and watercourses for the worldug
of the StannarieSy and to buy underwood for
smelting tin *.

The sense of this passage, with reference to
the nature of the rights confirmed t by the
Charter, would seem to enlarge its construction,
so as to connect the words " eidem Stannatares"
with *' omnes Stannatares" at the outset of the
Charter, and to embrace every description of
tinner, as well persons having any interest in
'^ matters and things concerning the Stanna^
ries, or depending on the same," as the mere
labouring tinner. The supposition of the exer-
cise oi such rights as are here stated, by the

* See Appendix D and E.

t The term " confirmed '" is used in the text, because the
Charter itself proves upon the face of it, that the rights which
it purports to grant, existed in their full extent by custom,
long before the date of it. " Sicut antiquitus fieri conaueviiy

STANNARIES OF THE DUCHY OF CORNWALL. 53

labouring tinner^s ifl not reeoncileable with
what must have been their condition.

In the exercise of the^e rights is involved the
whole ^' bounding systeni^ of Cornwall^ and
if, in their legitimate exercise, they are to be
considered as confined to the labouring tinner,
all the hounding rights acquired, within the last
three hundred years at least, would necessarily
be of no validity whatever*.

But* however this may be, we may confi-
dently f affirm, that all such rights of persons
(not being labouring tinners), as under the
custom, and before the Charter, could have been
''heard and determined'* in the Stannarp
Courts (except the exclusive privilege granted
to the labouring tinner) , were wholly unaffected
by the Charter, and therefore continued to be
^aognieable under the custom. \n the Stannary
Courts.

The exposition of this Charter, in Parliament, TheDeciaration
does not in any degree militate against this con- ^.D^iazV!* ^"'
istruction of it. It refers solely to the Franchises
granted ixithe Charter. All other Franchises of
JURISDICTION, which, by custom^ belonged to
the Stannaries before the Charter, and were
unaffected by it (in which were included tht
privilege of " hearing and determining, in the
Stannary Courts, all matters and things con-

* We know from authoritative documents, that in the time
of Henry VII., the bounder was a description of person, ip
condition far above that of the labouring tinner.

54 SUBSTANCE OF A RE POUT ON THE

ceming the Stannaries^ or depending upon the
same"), of course remained equally unaffected by
the instrument of exposition of the Charter.

d!Ir23 H n"* Aft®'' ^ lapse of 131 years, we arrive at the
vu.'a.d.moJ. Charter of Pardon of the 23d Henry VII. We
have seen that the persons to whom this Charter
applied, were all of them of conditions in life
far above that of the labouring tinner. They had
offended against certain ordinances made by
Prince Arthur for the government of the
Stannaries : now these ordinances could not be
applicable to, or bind any other persons than
those who came within the operation of the
customs y and consequently within the jurisdic-
tion, of the Stannaries y and therefore b\\ these
(Renders could only have incurred the penalties
from which they were to be relieved by this
Charter of Pardon, in the character of tinners
(Stannatores) , in the most extensive construc-
tion of that term, embracing all persons having
an interest or concern in any mining operations
regarding TIN.

« • *

18 h"'**'°vi 'Hie Commission of Inquiry in the 1 8th Henry
A-D-ifSs. ' VIII., adopts the term Stannatores /in its more
extended signification, as embracing '' such as
have some portion or tin works, or that employ
some charges in seeking, working, or in making
things necessary for the getting of tin.''

^^^\ ""[ ^o^'^'V The provisions of the Acts of Parliament of the

ni6ni OI Zo and ^kOJ i /rkrr t T-r XT-rxx i i ll

27 Henry viii. doQ and 27th Hcury Vlll., that no person shall

be sued, &c. in his person, lands, tin works,
&c. by any ministers or officers of the King's

STANNARIES OF THE DUCHY OF CORNWALL. 55

Courts of Stannary^ for pursuing any action
by virtue of those statutes, necessarily imply
an admission, on the part of the Legislature, tliat
owners of tin works were amenable, as such,
to the JURISDICTION of the Stannary Courts.

The cause (Boscawen v. Chaplin) which cause of
was tried in the Stannary Courts, in the latter chtpiio!" ^'
end of the reign of Henry VIIL, was between
a '' wise man, and learned in the Laws of this
Realm/' and a merchant, buyer of tin.

In the great cases decided in Chancery and The Cases of
the Star Chamber, in the 4th and 7th years of oiTg^tf 4^'
Queen Elizabeth, and which established the wd 7 Elizabeth.
exclusire jurisdiction of the Stannary Courts
upon a basis not to be shaken by any authority
less than that of the British Legislature, the
parties to the suits or actions in the Stannary
Courts, were of the rank of esquires and
gentlemen; whereby the competency of these
Courts, to '' hear and determine all matters and
things concerning the Stannaries, or depending
in the same,*' whether the suitors therein were
labouring tinners, or any other class of persons
interested in tin affairs, was also established.

The Convocation of the 30th of Queen Eli- J^* ^^ PaX.
zabeth distinguishes, with great precision, the meat of the
tteo sorts of tinners, viz. : first, the labouring ^"^ fs^^^rfb'
tinner, who " was not to sue or be sued out of sth, and 9th
the Courts of the Stannary, for trial of any ^**^'^®"*-
case whatsoever;" and, secondly, the higher
class of tinner, who " enjoyed the privilege that
they might sue or be sued in the Stannary
Courts."

56

«UBiS7ANCE OF A REPORT ON THE

, The labouring tinner, therefore, whilst he
^njqyed au eosclusive privilege, was, on ti^
' other l^and, placed under a restraint. He could
not be 4ued, but neither could he sue, (Hit of
the ^^a^nar^ Courts; the same reason governed
both the privilege and the restraint, namely,
that he might not be drawn from his labours.

The proceed-
ings bf (ore the
Judges ill the
6th Jampst.
A.b.ie08.

Convocation, or
Parliament uf
22 James I.
A.D. 1625.
Sec. 12.

Resolutions of
the Judges, 3
Charles T.
A.D. 1627.

The Judges, in the 6th James I., decided that
blowers y and all other labourers (without fraud
or.cooin) in or about the Stannaries, had the
privilege of " Stannatores operantes/' — " dum
Qiperantur.''

And they decided, that the prescriptive ju-
risdiction of the Stannary Courts over " all
mattei*s and things concerning the Stannaries, or
depending upon the same," was then in force.

The Convocation of the 22d James I. would
seem to have extended the privilege of not
being suable in any other than the Stannary
Courts, to a description of tinner, not legally
entitled thereto, under the Charter of 33
Edward I., as expounded by the declaration of
50 Edward III., namely, to the owner of blow*
iw^-houses, and the adventurer, who was at any
charge for getting or making of tin.

It was probably this extension of privilege
which gave occasion for the second reference to
all the Judges about two years afterwards.

This explanatory decision of the Judges con-
fined the privilege ** only to sue and to be sued in
the Courts of the Stannaries, and not elsewhere;,

STANNARIES OP THE DUCHY OP CORNWALL. 57

to such tinners as are blowers, and alt] other
labourers of the said works^ whose personal
attendance was necessary to be employed in
Ihe said tin works, during the time they work
and attend there, and not longer, and no other
tinners whatsoever." But it leaves unaffected
by that decision all other persons concerned in
TIN works.

The rules laid down by the King in Council, f^^;]^'^^^^
in the year- 1632, draw the distinction between Kin,jinCoupcii,
the myrking and the other sort of tinner, and ^•^' ^^^^'
define the different operations of the Stannary
JURISDICTION in regard to them, with reference
to that distinction *.

In the Stannary code of the 11th Charles I. Convocation,
this other sort are designated '' ttnners at liameou of
large,'' and are therein stated to "have the aix*i6»!'*
liberty, privilege, and benefit to sue, and may
be sued in the Stannary Courts for matters
there determinable, and may also sue and be
st€ed at Common Law, at the pleasure of the
plaintiff."

We now -come to the Act of the British ^,1^^*^^'^^
Legislature of the 16th Charles I., only four le charies i.
years after the last Stannary convocation. ^•^^' ^-^^ *^^®-

It would seem, from the whole tenour of this
statute, that it must be governed in its general
construction, with relation to the Charter of the
33d Edward I., and the exposition of it in the
50th Edward III., and to the object and effect of

* Appendix L.

58 ftUBSTANCE OF A SEPORT OH CTS

those instniiiients, as explained and amended
by it, and must therefore be oonsddered, in so
far as regards the question under faranediate
consideration (and with some few excep6ons of
substantive legislation), as simply declaratory,
of their true construction and effect ; and as to
the future course to be pursued under them, as
amended by the statute, and that, in common
with the Charter and its exposition, it leaves
the general prescriptive jurisdiction of the
Stannaries^ as defined and settled by the resolu*
tions of the Judges, in the 6th James I. (with one
restrictive alteration), wholly unaffected by its
provisions. This statute, in its principal clause,
appears to adopt the distinction taken, in the last
preceding code of Stannary laws, between the
two classes of tinners, namely, the labouring
tinner and the tinner at large, and deprives
the latter of the right to sue or implead a
^^ Jbreigner'* in any of the Stannary Courts.

An inspection of the two succeeding codes
of Stannary laws, of the 2d James II. and the
26th George II., will satisfy us that their pro-
visions are built upon this principle of con-
struction of the statute of the 16th Charles I. ;
and an uninterrupted course of usage and
practice, in conformity with it, will surely be
deemed conclusive as to the propriety of that
construction, and as having established it upon
a basis which could not now be shaken by any
less than the legislative authority of the Parlia-
ment of Great Britain.

This statute removes the restraint which the

STANNA8IES OF THE.DUCHT OF COBHWA.LL. 59

Charters had imposed' upim the Utbowrmg tin-
ner, and enables him, if he should think fit, to
sue axiy Jbreigiur at.the Common Law.

Having thus completed the investigation of
the Zjeo! turn scripta, and of the whole body of
the written law of the Stannaries, on the point
in questioDi the Auditor trusts that it will be
found that the proposition assumed in an early
part of this Report, namely, the competency of
the Stcammry jurisdiction to " embrace the
settlement of every right and interest whatever
connected with the production of tin, from its
first extractiim from the bowels of the earth in
the shape of ore until its final conversion into a
metallic state," has beeu sufficiently proved;
and that die different clasBes of <inn«r«, and their
distinctive characters, have been clearly defined,
and their respective peculiar qualities and pri-
vileges, whether by custom, by eharler, or by
StoHnary or statute law, have been satisfactorily
explained.

lastly, within what particular heal limits '^'J'*ip'°.
the. exercise of the Stannary jurisdictJon is con- ih/sunni.™]--

fined? riMicl«.ni.wn

We have seen that \he prescriptive jurisdic- customi.
TION, the Lex non scrota of the Stannaries,
accOTding to the resolutions of all the Judges,
in the 6tn James I., embraced within its cog-
nizance " ail matters and things concerning the
Stannaries, or depending on the same"

The Charter of King Jdin is silmt as to any '^^' °'
foco/ limits to the exercise of this jurisdiction. a.d.°iW"'

60

SUBSTANCE OF A REPORT ON THE

Chartei' of
33 Edward I.
A.D. 1305.

Parliamentary
Declaration of
50 Bdward
III.

The Charter of 33 Edward I. directs '' quod
Gustos noster prsed. vel ejus Locum-teBen^^
teneat omnia placita inter Stannatoies praed.
eniergentia, et etiam inter ipsos et alios Forin*
secos de omnibus transgressionibus^ querelis et
contractibus factis in locis in quibus operantwr^
infra Stannar. praed. similiter emergent."

■

In the petition in Parliament, in the 50th Ed^.
ward III., the above passage of the Charter was
quoted, and an explanation was required " whe^
ther the Warden of the Stannary could decide
any cause between tinner and foreigner, upon
any dispute arising, other than in those places
where they are at work"

The Parliamentary declaration upon this point

.was, that '^th^ jurisdiction extended clearly,

according to -. the words of the Charter (that is

to say). In locis ubi iidem operarii operant^r^'

and not " elsewhere, and in no other manner."

The ejcpress words of the Charter and of the
exposition of it necessarily confine the sense and
the operation of them both ioi\xelahouringitinnBr^
— ^to the " operarii operantes." The prescript
tive JURISDICTION, as to all other persons
having any interest in " matters und. things
concerning the Stannaries, or depending on the
dame," was wholly unaffected by them.

This is shown by the Charter itself; for the
clause of pre-emption directs, '' quod omnes
Stannatores pr^d. totum Stannum suum licite
Tendere possint cuicunqae voluerint in Villis
praed« ;" that is, Lostwithiel, Bodmin, Liskeard,

STANNARIES OF tHE DUCHY OF CORNWALL. 61

Truro, and Helaton. All contracts there made
for tke sale and purchase of tin were unques-
tionably determinable in the Stannary Courts ;
of which we have had occasion before to cite
an instance, in the case of Boscawen v. Chaplin, Cue of boi-
in which the cause of action arose upon a con- n^*" "' *^'
tract, made at Truro, for the sale of tin, be-
tween persons not being labouring tinners, but
which was, nevertheless, tried and decided by
Stannary jurisdiction.

The third and fourth points raised by the u°'?**^*5S^ ''^
Lord Warden, in the discussions before the den, 6 jameri.
Judges, in the 6th James I., were : —

3d. " That the place, upon the words infra
Staamariae nostras, be declared to extend to
the divisions of every Stannary Court respect-
ively, and not only to the place of the work;^*
and,-—

♦

*

4th. " That the matters of plea to be deter-
mined in that court be declared to comprehend
all manner of suits, where one of the parties is
a; tinner J'

- Upon these points the decision of the Judges R««>iutions of
was to the fdlowing eflfect, viz. — 6Jtme«T'

4

That aU transitory actions between tinner and
tinner, worker and worker (though the cause
i^ould be collateral to the Stannary), might be
determined within the Courts of the Stannary,
according to the custom of the said Courts, albeit
the cause of action did arise in any place out of

62 SUBSTANCE OF A REPORT ON THE

the Stannaries^ or might be sued at Gommon
loLW, at the election of the plaintiff. But if the
one party was only a tinner or worker^ and the
cause of action, being transitory and coUaterml
to the Stannary^ did rise out of the said Stan-
naries^ then the defendant might, by the custom
of those courts, plead to the Jurisdiction Court
that the cause of action did arise out of the
Stannaries and the jurisdiction of those,
courts, which, by the custom of the courts, he
ought to plead in proper person, upon oath.
And, if such plea to the jurisdiction of the
court be not allowed, then a prohibition was in
that case to be granted ; and if in that case the
defendant did come to plead to the jurisdic-
tion of the court, upon his oath, he ought not
te be arrested eundo^ redeundo vel fnorando^ in
any place where the said courts of the said
Stannary should be then holden.

And, 4thly, if the defendant might plead to
the jurisdiction of the court, and would not,
but admitted the jurisdiction, and judgment is
given, and the defendant taken- in execution,
the party could not, by law, have any action of
false imprisonment, but the execution was good,
by the custom of* that court. But if in that ease
it did appear, by the plaintiff's own showing,
that the cause of action did arise out of the
Stannaries Siud the jurisdiction of those courts,
or if it appeared that the condition of the bond
whereupon the action was grounded was to be
performed out of the jurisdiction of those
courts, then the proceedings were coram n&n
JucHoe.

STANNABIES OF THE DUCHY OP CORNWALL. 63

They further decided, that the Courts of the
Stannaries had not jurisdiction for any eause
of action that was hcidy arising out of the Stan--
naries ; and,—

That the privileges of the workers in the
Stannaries did not extend to any cause of action
that was localy arising out of the Stannaries,
whereby any freehold should be demanded;
for that matters of life, members, and plea of
land^ were exempted, by express words in their
charters, and no man can be exempt from "
justice.

In the 6th section of the 22d James I., the X^e sunnary

r^i, • • 1 Convocation of

btannary jurisdiction is recognized as em- 22 James i.
brajcing the contracts (o/r dealings of all persons
whomsoever y in the buying or selling of uncoined
TIN, without any limitation, or qualification as
to the condition of such persons, and without
any reference whatever to the place where they
might be entered into.

By the resolutions of the Judges in the 3d ?**jjj'j'°"' ^^
Charles I., explanatory of those of the Judges 3 cbarieri.
in the 6th James I., it was decided, with refe- ^•^- ^^2^-
rence to the third article of the latter resolutions,
** which did concern the extent of the Stannaries,
that every village, &c., and all lands, &c. within
any of the said villages, &c., wherein any such
TIN work then was, or at any time thereafter
should be settled, found, and wrought, should
be accounted to be within the Stannaries, during
the continuance of any such work only, and no
longer, and in no other place ;" — and for con-

64 SUBSTANCE OF A REPORT ON THE

firmation of this decision, they refer to the
Charter of the 8th Richard II., which adopts,
in totidem verbis, the explanation given by the
Parliamentary declaration of the 60th Edward
III., as to the extent of the jurisdiction, viz. :
" In locis ubi eidem operarii operantuTy et non
alibi, nee alio modo."

In adopting the Charter of the 8th Richard
II., in the precise terms of it, as the governing
authority for their decision, the Judges would
seem necessarily to have limited the sense and
operation of their decision by the proper con-
struction of that Charter, which, as well as the
declaration in Parliament, of the 50th Edward
III., was manifestly confined in this particular
to the labouring tinner. We may therefore
fairly assume, that the prescriptive jurisdic-
tion of the Stannaries over " all matters and
things concerning or depending upon them"
remained unaffected by this decision.

Rules laid down As to the cMenf of the Stannaries, the rules
(Juiidi,ini632» '^^^ down by the King in Council, in the year

1632, were in the following terms, viz. * —

" We cannot yett discerne but that the Stan-
, naries doe extend over the whole county of
Cornwall."

" The exemption of tynners from toll is over
the whole county."

* Appendix L.

STANNARIES OF THE DUCHY OF CORNWALL. 66

** The power to dig and search for tynne is
over the whole county^ saving under houses, or-
chards, gardens/' &c.

" The tynne wrought in any place of the
45ounty must be brought to the coynage."

" The privilege of emption or pre-emp-
tion is of tynne gotten over the whole coun-
tye."

*' Fynes and amerciaments set in the Stan-
nary Court are leviable in all parts of the
countye." ^

*' Judgments had in the Stannary Court may
be levied over the whole countye by process of
the Stannarj/e.'*

** For trespasses in tynne works, process may
be executed in the whole countye."

" Water-courses for the tynne works, or
tynne mills, may be made in any place of the
countye."

In the 21st section of the 11th Chas. I , the The stannary

o. • • 1 Conyocabon of

of awwory JURISDICTION IS recognized as em- nchas. i.
bracing all dealings in black tin, and gives a
remedy to the party wronged by action, without
any qualification as to the condition of the
ofi'ending parties, or of those to whom the remedy
is given, and without any reference whatever
to the place of dealing.

F

66 SUBSTANCE OF A REPORT ON THE

mfnrofiechL '^^ Statute of 16' Chas. I. enacted, that
i.,^A.D. i64o!*' " the said declarations (50 Edw. III. and 8th
Rich. II.) should thenceforth be duly observed,
with this, that the words in lads ubi aperantur
be expounded, of the village, &c. where some
TIN work in work is situate, and not elsewhere,
and no longer than the same tin work is, or
shall be, in working."

Its operation, therefore, is manifestly confined
to the case of the labouring tinner, and leaves
the prescriptive Stannary jurisdiction as it
was before the passing of the Act. This con-
sti'uction has evidently been adopted in the two
succeeding Stannary laws, of the 2d Jas. II.
and the 26 Geo. II., and the usage has been
conformably thereto.

Before we finally dismiss the subject of the
JURISDICTION of the Stannaries generally, it
may be proper shortly to advert to two groimds
of doubt, if not of objection, which have been
started with regard to the Stannary jurisdic-
tion, and which, if well founded, would go to
the annihilation of the whole existing system,
root and branch, and to invalidate every existing
code of Stannary laws since that of the 11th
Chas. I. inclusive.

1st. A doubt has been raised whether the
King has a right to grant, by Charter, the powers
and privileges granted by Edw. I. and Hen. VII.

If the legality or validity of the system of
Stannary jurisdiction rested upon no other

STANNARIES OF THB DUCHY OF CORNWALL. 67

foundations than those of both or either of these
Charters, it might be necessary to consider how
far there existed any justifiable grounds for en-
tertaining such a doubt.

But it is wholly unnecessary to discuss the
question to which the doubt has reference. The
system does not rest for its validity upon either
of those Charters. Whether Edward the 1st or
Henry the Vllth had a right to grant the powers
and privileges which these purport to grant, or
not, is wholly immaterial to the question of the
legality or validity of the system. The Charter
of the 3d King John, as well as that of Sdd
Edward I., demonstrate the fact (as we have
seen), that the system was not only in exist*
ence, but that, even at the date of the earliest of
those Charters, it had, probably for centuries,
been established on the nrm basis oi fre^criptive
usage.

Those Charters merely confirmed (with one
Of two exceptions, unimportant to the general
questicm) pre^eansting rights and privileges^
even then of ancient date. And, even suppos**
ing that these Charters were wholly inoperative
to grant, it must be admitted, that they aflbrd
the most decisive evidence of the pre-existenee,
as well as of the nature, of those rights and pri-
vileges which, upon the face of them, they pro^
fessed to grant

2d. The other doubt is suggested by the
Charter of Pardon of 23 Hen. V II., which pur-
ports to grant to the tinners, that no laws

f2

68 SUBSTANCE OF A REPORT ON THE

affecting the Stannaries shall be made, " unless
by the assent and consent of the twenty-four
Stannators," to be chosen, six of them from
each of the four Stannaries, as therein is men-
tioned *.

The first section of the Stannary Laws
passed in the Convocation of the 1 1th Chas. I.,
after adverting to the difficulty of obtaining the
" unanimous consent of the full twenty-four
(according to the letter of the Charter of Par-
don) to every ordinance propounded," and pur-
porting to '' follow fonner precedents,'* ordains,
that " whatsoever proposition shall be affirmed
and concluded by sixteen voices, or more, but
not under, the same should be binding as the
act of all."

The question which has been raised is,
whether the Convocation of the 11th Chas. I.
had any power so to alter the Charter of Henry
VII. as to dispense with the unanimous con-
sent of the whole twenty-four Stannators in the
making of laws for the regulation of the Stan-
naries f.

It seems to the Auditor, that in this case it
cannot be necessary to enter into any consider-
ation of this question, because the doubt can-
not, in his humble judgment, for the reasons

* Appendix F.

t These doubts are manifestly inconsistent with each other.
The first assumes the Charter of Henry YII. to have been
wki)lly inoperative ; the second, that it is binding and imperative
upon the Stannary Convocations in aU time following.

STANNARIES OF THE DUCHY OF CORNWALL. 69

after mentioned, resolve itself into any practical
result in derogation of the Stannary system of

JURISDICTION.

If any such consideration were called for, it
would be proper to ascend even beyond the
Charter of Pardon itself. For it seems to be
satisfactorily shown, that this right of a local
legislation (which that Charter professes to
grant as a boon) was not, in fact, created by it,
but, like the right of exclusive jurisdiction,
was interwoven with the prescriptive customs of
the Stannaries ; and it would then become pro-
per to consider, whether that Charter might
not be construed, according to its spirit^ for the
attainment of the objects which it had in view,
and to form our judgment on that spirit, frcon
collateral circumstances, and by analogical rea*-
soning; and whether such a liberal construe*
tion would not lead us to. the conclusion, that,
according to the spirit of that Charter, and of
the prescriptive usages of the Stannaries (of
wliich it must be considered as declaratory)^ the
unanvmous consent of the whole twenty-four
Stannators is really not required, but that the
sense of the majority would be binding upon the
whole *.

* The Auditor might adduce the High Court of Parliament
of the Empire, and the invariahle phraseology adopted in its
laws, as an example in support of a liheral construction of the
Charter of Henry Vll., according to its spirit. Every enact-
ment of the Biitish Legislature purports to be made ** by the
King's Most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal and Commons in
this present Parliament assembled :" by the invariable usage
of Parliament the sense of the majority of either House is
binding upon the whole. But every Act of Parliament, in the

70 SUBSTANCE OF A REPORT ON THE

But it cannot be necessary so to do, for the
following reasons : —

The Stannary Laws of the 22d Jac. I., the
11th Charles I., and the 2d Jac. II., are all of
them stated at length, and embodied in the 26th
Geo. II., since which time no " Convocation of
four-and-twenty Stannators, or Parliament of
Tinners'^," has been assembled.

This statement is introduced by a recital
that *^ there had been, in former Convocations
lield for the Stannaries of Cornwall, many laws
\abd constitutions made and enacted for the bet-
lier government of the said Stannaries;'' and
that ^^ the original records of some of the said
laws and constitutions had been, by various
accidents, lost or destroyed, whereby great in-
conveniences might in process of time arise to
His Majesty, or Lord Duke of Cornwall's reve-
nue, and the said Stannaries^ It then states,
that in the particular Convocation ^^ the several
teholeswne laws and constitutions follmomg^ere
-declared and enacted" viz., &c. Every clause
of each code is then stated verbatim, and at the
foot of each code is the following enactment of
the Convocation of 26 Geo. II., viz. : "All which
said several laws, customs, and constitutions,
are hereby declared to be further ratified, esta-
blished, and confirmed, so far as they are unex-

terms of it, implies the consent of the whole body to its enact-
ment. A similar rule of construction, applied to the Charter of
Henry VII. and to the proceedings of our little epitome of the
British Legislature, would he decisive of the question.

* This is the title hy which the Convocation of the 26th
Oeo. II. is designated.

STANNARIES OF THE DUCHY OF CORNWALL. 71

pired^ and not repugnant to any Act of Parliar
ment, or to any act or constitution made in hbuc*
ceeding Convocations, or in tliis present Convo-
cation." (viz. 26 Geo. II*)

We perceive, dierefore, that all these Stafi'
nary laws are, in toio, and t» totidem verbify
adopted, embodied, and re-enacted in the 26th
Geo. II. How then could their validity be
questioned ? Every court of justice would, in
conformity with the positive averment, that
those '' wholesome laws and constitutions had
been declared and enacted," presume that they
had been properly enacted ; for whether the
1st section of the 11th Chas. I. were operatii/ie
or not, non constat y that the whole of the twenty^
four Stannators, in each case, did not ^^ assent
and consent'' to the passing of that and the
code of the 2A Jas. II., and in the absence of
evidence to the contraiy, a court would presume
that they did.

But it is unnecessary to resort to any pre-
sumptions of law ; for all the provisions of these
three codes became, and now are, effective laws
of the Stannaries^ by virtue of the Stannary
Act of the 26th Geo. II., assuming that Act to
be valid.

But the validity even of this last Stannary
Act is brought into question — and why ? Be-
cause " the roll in the Duchy Office is signed
by twenty^three Stannators only."

It is incumbent upon those who maintain this
objection to establish two propositions, both of

72 SUBSTANCE OF A REPORT ON THE

which have been taken for granted: 1st, that
which has already been dismissed, as not having
any practical operation in impeachment of the
validity of the existing codes of Stannary laws,
namely, that the unanimous consent of the.
whole twenty-four Stannators is necessary to
the validity of all Stannary laws ; and 2d, that
the signatures of the whole twenty-four Stanna*
tors to the record are also necessary to the
validity of those laws, as being the only medium
by which that unanimous consent can be
shown.

But here, we may ask, by what authoritative
document is this latter necessity made ap-
parent ?

The Charter of Pardon of Henry VII. (the
source from whence these objections spring)
does not require that the consent of the twenty^
four Stannators should be testified by their
signatures. That Charter is wholly silent as
to signatures. All arguments drawn from
analogies would go to negative this second pro-
position. It is rarely required by the practice
of deliberative bodies ihoi every member should
sign the Record. The act of authentication by
signature generally devolves upon the Prseses,
or Secretary, or upon both. The Record of the
Stannary laws enacted in the 26th Geo. II. is
authenticated by the signature of the Vice-
Warden (the Prseses of this deliberative
body) , and by the official seal of the Duchy
of Cornwall. The signature of the twenty-
fourth Stannator, which is wanting, could not
have been requisite for any other purpose than

STANNARIES OF THE DUCHY OF CORNWALL. 73

that of testijymg his consent to the laws cou-
tained in the, Record. Can a doubt be enter-
tained that a court of justice would^ after a lapse
of more than seventy years, presume (if it were
necessary) the consent of the single Stannator,
whose signature was wanting ?

The Auditor concludes these observations in
support of the 26th Geo. II. with the statement
of a single fact, which is decisive of the question :
the Record of it was read and admitted in evi-
dence, in the recent cause of Rowe v. Brenton,
wbich was tried at bar in the Court of King's
Bench.

The Auditor now proceeds to the second The second

1 i_ J x* • • 1 principal head

pnncipal head ot inquiry, namely, — of inquiry, viz.,

the legitimate
iTTi A lA A* T 'A^ A IT A* functions of the

What are the respective legittmate lunctions, respective
and the limits of the respective jurisdiction of yfce' wwd**n
the local courts, by which justice in all Stannary and of the
matters has been, or ought to be administered, ^^ stannwies
namely, the Court of the Vice -Warden and
the Courts of the Stewards of the Stan-

Ist. Of the powers of the Vice -Warden, The powers of
connected with the jurisdiction of the Court warden*'aDd
over which he presides. the Juriidictioo

of his Court*

It has been seen in the early part of this
Report that the exercise of a jurisdiction has
long been assumed by the Vice-Warden, the
legality of which was recently called in ques-
tion in the case of Hall v. Vivian (the then
Vice- Warden) , in the Court of King's Bench.

., \"

74 SUBSTANCE OF A REPORT ON THE

The ground upon wluch it wa« consid^tred that
the decree of the Vice- Warden could not be
sustained was, that his Court was a Court of
original jurisdiction in matters of equity
only ; and that the Steward's Court was the
Court of LAW, in which all actions at law should
originate.

In order to place the subject in the clearest
point <^ view> the Auditor takes leave to assume
the following propositions :— r

1st. That the Vice-Warden is invested, by
the Stannary laws, with the powers of a magis-
trate, for the prevention, by summary process,
of offences against those laws, and which are
wholly distinct from his judicial functions^ as
judge presiding in the Court of the Stannaries^
denominated " the Vice- Warden' s Court''

2d. That, as Judge of the Vice-Warden's
Court, he has origin€d jurisdiction in all
matters relating to equity; and —

3d. That he has ah appellate jurisdiction
over the Courts of the Stewards of the Stan-
naries, by appeal (after trial in those Courts), on
the ground of error ^ or false judgment in law.

And he proceeds to lay before the Commis-
sioners such documentary proofs as he has
been able to collect in support of them.

First Proposi- Wc may dismiss the Jirst proposition, as
^*°"' abundantly established by the Stannary laws,

which are in piiint.

STANNARIES OF THE DUCHY OF CORNWALL. 75

We find no mention made^ in the Churt^ of Second ivopo.
the 3d of King John, of a "Locum tenens," ofad'Kmg*^*'
or Vice- Warden, eo-nomine; but the word •'°*'"-
" Ballivus," there used, is a term of extensive
signification, and may be construed to embrace
the office of Vice-WARDEN, " Stannatores non
recedant ab operationibus, &c., nisi per summo-
nitionem Capitalis Custodis Stannariarum vel
BalRvarum ejus." And again, " Capitalis Gustos
Stannariarum, et BaUivi ejus per eum habeant
supra praedictos Stannatores plenariam potesta-
tem," &c.

The Charter of the 33d Edward I. gives, in of the 33d
express words, to the " locum TENENs"ofthe e^''^"*^*
Lord Warden a power, " tenere omnia placita,
&e. de omnibus transgressionibus, querelis, et
contractibus factis in locis," &c.

This expression would imply a grant or con-
firmation to the Vice -Warden, m repre-
renting the L&rd Warden^ either of a new or
of an exintifkg prescriptive original jurisdic-
tion, of a very eoctensive nature^ namely, to
hold all pleas, &c., concerning all trespasses,
complaints, contracts, &c., arising in places
where they worked, &c.

The case of Boscawen and Chaplin, in the Case of
latter end of Henry VIII. (reported in the cSiprn!"""*
Bailiff of Blackmore), would seem to have
been dealt with as a special case, as it appears
to have been tried before Sir Wm. Godolphin,
who is described as Under- Warden and Ciiief-
Steward, and William Beare, his Under-
Steward, and a Jury of twenty-four persons.

76 SUBSTANCE OF A REPORT ON THE

one-half of them tinners, and the other half
merchants, at a court summoned for the
Stannary of Blackmore. It would be difficult,
therefore, to draw from it any conclusions which
could have an influence on this question*.

Carew's Survey Mr, Carcw, in his Survey of Cornwall

(which was published in the year 1602, and
dedicated to Sir , Walter Raleigh, then Lord
Warden), thus describes ih^ judicial functions
of the Lord Warden: " He supplieth the
place both of a Judge for Law and of a
Chancellor for ConsciencCy and so taketh
hearing of causes, either in forma juris, or de
jure et equo. He substituteth some gentleman
in the shire, of good calling and discretion, to
be his Vice- Warden t." We have before
supposed that a definition adopted by Spelman
might be attributed to the intimacy between
himself and Mr. Carew. In this definition of
the judicial functions of the Lord Warden
and the Vice- Warden, Mr. Carew might have
consulted with his friend^ the great legal anti*
quary of the day.

Mr. Carew's definition of the judicial fimc-
tions of the Lord Warden and his " locum
tenens' was probably founded upon a construc-

* This case is certainly the only one which the Auditoi has
foand of the Vice-Warden presiding at the trial of a Jury
cause. It has another peculiarity attending it, namely, that
the Jury consisted of twentv-four persons, instead of six, the
ordinary numher in all trials in the Steward's Court of the
Stannaries. The question was evidently a new one, and the
probability is, that it was deemed of so much importance, that
both the parties assented to its being tried in the most formal
and* solemn manner which could be devised.

t Lord de Dunstanville's edition, p. 58.

STANNARIES OP THE DUCHY OF CORNWALL. 77

tion of this Charter, and would seem to be
justified by the terms of it. This mixture of
judicial functions in the person of the same
judge, which, on the first view of it (and
with analogical reference to the distinctive
characters which mark the respective functions
of the diflFerent courts administering justice
according to law and according to equity,
under the general system of jurisprudence of
the land), might seem inconsistent, will, upon
further consideration, admit of a consistent ex*
planation. In the exercise of his appellate
jurisdiction, the Lord Warden (and his Vice-
Warden also) is a " Judge for Law.*' In this
exercise of his original jurisdiction he is a
Chancellor Jbr Consciencey or, in other words,
a Judge of Equity.

Be this as it may, the fact is indisputable,
that before the year 1602 (the date of the pub-
lication of Mr. Carew's survey) , the Court of
the VicC'IVarden actually exercised a juris-
diction to decide in matters of equity. It is
established by higher authority than the mere
dictum of Mr. Carew. In a dissertation on the
JURISDICTION of the Stannaries (which car-
ries upon the face of it the evidence of its
having been written about the period of the
discussions on this subject, in the year 1608)
" the power in Chauncerie to judge in equity"
is claimed as one of the privileges belonging, by
prescription^ to the jurisdiction of the Stan-
naries. And in the arguments before the
twelve Judges, in Sergeant's-Inn Hall, in the

* Appendix E.

78 SUBSTANCE OP A REPORT ON THE

year 1608, by the counsel opposed to this juris-
diction, the fact of " the keeping a Court of
Chancery in the Stannaries** was not only
admitted, but was urged as an objection,
on the ground that " the power was not
granted to them." But this objection was
overruled by my Lord Coke, who said that,
" at this day, a Court of Chancery could not
be erected but by Act of Parliament ; but hy
prescription they might have a Court of
Chancery y for so has Chester *."

From this admitted fact, and the conclusion
of law founded upon it, we are bound to
infer that '* a power in Chancery to judge in
equity,'* or, in other words, that a Court of
Chaiicery, by prescription (which could be no
other than the Vice- Warden's Court), existed
as an integral part of the jurisdiction of the
Stannaries anterior to the Charter of 33
Edward I. ; and that it was a court of original
JURISDICTION in all matters belonging to a
Court of Chancery to decide ; for it would
be quite inconsistent with the existence of stich
a court, to suppose that matters properly cogni-
zable in that court should originate elsewhere,
still less that they should originate in the Com"
mon Law or Jury Court of the Stannaries.

The Stannary law«, in several instances,
recognize the jurisdiction of the Vice-
Warden's Court as an original jurisdiction
in matters cognizable by Courts of Equity.

* See Report on the Jurisdiction of the Stannaries in
Appendix 1.

STANNARIES OF THE DUCHY OF CORNWALL. 79

As instances, in the Stannarjf laws, the
Auditor may adduce the 21st section of the 22d
James I. and 18th section of the 1 1th Charles I.,
both of them declaratory and affirmatory of the
custom, that in cases of disputed rights to the
possession of a tin work, under bounds, the
tinners in possession should " continue their
possession until verdict against them, and, in
the interim^ should be sequestered, and deposited
in mesne hands, to answer to him or them that
should recover the right by legal trial." The
objects of this custom could only be attained by
application to some other court than that in
which the question of right was ultimately^ to
be tried at law, and decided by the verdict of
a jury, and which other court must necessarily
interpose, and, by its equitable jurisdiction),
injoin the claimants not to molest ^e possessors,
until the law should have decided the right ;
and also to direct an issue to try the legal right
in the Steward's Court, and to secure the due
administration of the property, in the mesne
time, for the benefit of the party ultimately
succeeding at law.

Here we have additional proofs (if such were
wanting) of the existence, by prescription .(and,
therefore, anterior to the Charters of John and
Edward I.), of a court of equitable and of
original jurisdiction, distinct from the Law
Courts. This court could be no other than that
of the Lord Warden, or of his Vice-Warden,
in the Charter of John recognized in the term
" Ballivi," and in that of Edward L under, the
term " Locum tenens ;" and, lastly, this dis-

80 SUBSTANCE OF A REPORT ON THE

tinctiou of jurisdiction between the two courts,
and the original jurisdiction of the Vice-
Warden's Court, in matters cognizable by
Courts of Equity, are recognized in the most
decisive manner in the last Stannary law, of the
26th year of George II. (A.D. 1752.) The 9th
clause provides that, in cases of dispute between
adventurers in tin mines, as to the limits of
their underground rights, the Vice- Warden,
on the application of one of the litigant parties,
is to issue his injunction for staying any further
working the mine within the contested limits,
until these rights shall have been decided by
the finding of a jury in the Common Law
Court of the Steward. And the 1 1th clause
provides, that in cases of dispute between cr>-
adventurers in the same mine^ or any of their
executors, &c., as to the expenses of working
it, the Vice-Warden is empowered, on the
petition of the Purser or Clerk of the mine, to
hear and to decree payment pf such expenses
as he may find justly due ; and, in default of
payment, to decree, in the first instance, the sale
of the defendant's proportion of the tin ore,
and, in case the tin ore decreed to be sold
should be insuflSicient, then to direct the sale of
his share in the mine itself.

The powers given to the Vice-Warden by
these clauses are so perfectly analogous in their
principle to those of which this Judge was pos-
sessed, by the ancient custom of the Stannaries,
that they can only be considered as eaplanatory
and confirmatory of powers which already ex-
isted, and not as creative of any new powers.

STANNARIES OP THE DUCHY OF CORNWALL. 81

The Auditor trusts that the proofs which have
been adduced have abundantly established the
second assumed proposition, namely, that the
Court of the Vice-Warden is a Court of ori-
ginal JURISDICTION in all matters, within tb6
Stannaries, relating to equity.

Mr. Thomas, who was Vice- Warden from Report of Mr.
1783 to 1812, thus describes the Court of the ^c7waX
Lord Warden, or his Vice- Warden, in his to the Prince'i
official Report to the Prince's Council, in the yeTitss? '^
year 1785.

This Court *'has a jurisdiction through
all the Stannaries : the Lord Warden, or, in
his absence, the Vice-Warden, is the Judge ;
and causes are heard therein in a summary
way, on petition in writing, stating the peti-
tioner's case,"

In the exercise of his functions of original
JURISDICTION as a Judge in Equity, it is ** the
duty of the Vice-Warden to be ready at all
times to receive the petitions in writing of all
persons, relating to subjects cognizable before
him as Vice-Warden ; to issue orders, in
writing, in the name of the Lord Warden, and
under the seal of the Duchy of Cornwall, for
all persons complained of in such petitions, to
appear before him, at certain times and places,
within the county of Cornwall, to answer the
complaints contained in such petitions ; and to
hear such complaints, and make decrees and
orders therein, agreeable to equity, and ac-
cording to the laws and customs of the Stanna-^

Ties''

G

82

SUBSTANCE OF A REPORT ON THE

^^sufoiT M ^^ come BOW to the third assumed proposi-
to the ap^i/aie tioD, namely, that the Vice -Warden has an
jurisdiction of appellate jurisdiction over the Courts of the

Stewards of the Stannaries^ in all matters
brought before him, after trial in those Courts
by appeal, on the ground of error ^ or false judg*
ment in law.

ihe Vice-War-
den's Court

Code of Stan*
nary laws.
2 Hen. VIII.

Commission of
the 16th Hen.
VUI.

Trewynard v,
Roskarrock.
Decree in Star
Chamber, 7
Eliz.; Coke, 4
Inst. p. 230.

' The first notice found of anything in the na-
ture of APPEALS is in a manuscript book in the
Duchy OflSce, wherein is entered what appear
to be concise headsy or titles of clauses, in a
code of Stannary laws, in the 2d year of King
Henry Vlll.

The next document in which the Auditor finds
any allusion to the subject of appeal is in the ex-
emplification (which has been before referred to)
of the Stannary customs by the special commis-^
sion issued in the 16th year of King Henry VIH.

The next reference to the appellate. JURiSDic-t
tign of the Vice-Warden is in the case of
Trewynard v. Roskarrock et a/., in my Lord
Coke's 4th Institute. This was a bill of com-
plaint exhibited in the Star Chamber, in the
7th Queen Elizabeth, against a judgment in
the Stewards Court. The complainant had
filed his bill in Chancery, and brought his writ
of error in the Court of King's Bench to call
in question the validity of the said judgment,
but was dismissed from both these courts ; the
proceeding upon the said judgment being re-
ferred back by those courts to the order of the
Stannary Court, ** according to divers ordi-
nances, by divers ancient charters, customs^ and

STANNARIES OF THE DUCHY OF CORNWALL. 83

liberties belonging to the Stannary y ratified by
Act of Parliament."

The complaint was also dismissed out of the
Court of the Star Chamber, " to be determined
according to the said laws and ordinances of the
said Stannary y and not elsewhere."

The ground of this decision was, that by the
laws or customs of the Stannaries (if any such
cause of complaint be ministered), the same was
to be redressed by appellation in the several de-
grees therein mentioned ; and that the same was
not examinable either there in that court (t. e.
the Star Chamber), or in any other court.

The author of the Bailiff of Blackmore treats The Bailiff of
of this appellate jurisdiction. Blackmore.

In the same work is contained the form of
the charge to be delivered at the Law Courts of
the Stannary of Blackmore to the jury by the
Steward. And in this charge is an article
relative to the subject of appeals, which are
therein described as before mentioned.

In the 36th and 37th articles of the Stannary stannary Coa-
laws of the 30th Elizabeth we find the subject Parliament of
of appeal treated of. '^^ ^"^ e^^-

In the argument before the twelve Judges in Arguments
the 6th James L, one of the objections taken by judgM on the
the counsel who were opposed to the jurisdic- stannary juru-

^ ^ diction. Anno

TION was, CthJaraesI.

" That they used to appeal in equity after

62

84

SUBSTANCE OF A REPORT ON THE

judgment given, which he said was against the
law."

Resolutions of
the Judges.

To which my Lord Coke answered, —
" That if their custom was such, they might
do so," for, said^he, " do they not do so here,
in London, before the Lord Mayor in the

HUSTINGS?"

In the 5th resolution of the Judges in this
case, they state, "that the proceedings in the
Stannary Courts must be according to the
custom of those courts, used time out ^mtnd of
man; for that np writ of error doth lye upon
any judgment given there, but the remedy given
to the party grieved, is by appeal, as hath been
time out of mind of man accustomed."

stannary laws The Stannary law of the 22d James L,
ciau8es*40,%2, dcclarcs the proper course of appeal under the
43, & 45. custom.

The 43d Article of the said code provides,
in cases of appeals, when " the proofs and
allegations have been fully heard, that the judge-
in EQUITY defer not his order to a second
sitting, exceipt in case of manifest difficulty ; in
which case, that he declare his order within
three weeks after the hearing at farthest."

That the Vice-Warden's Court is a Court
of appellate jurisdiction from the Courts of
the Stewards of the Stannaries, on the ground
of ERROR, or FALSE JUDGMENT in law, there
would seem to be no doubt.

STANNARIES OP THE DUCHY OF CORNWALL. B6

The Auditor presumes to think, that the
various documentary proofs which he has sub*
mitted to the consideration of the Commissioners
satisfactorily establish the proposition, that the
Court of the Vice-Warden is a Court of
Chancery, by prescriptiony and, being such,
must possess the right of original jurisdiction
in all matters of conscience and equity.
The doubts which were raised and put forth in
the Bill filed in Chancery by Mr. Hall
against the late Mr. Vivian, as to the Court of
the Vice- Warden, will appear, on an attentive
consideration of these documents, not to have
any reasonable foundation.

The dictum of the Council in the Star siar chamber.
Chamber must be considered with reference to
the nature of the case calling for decision. The
dictum is this, that " if any cause of complaint
be ministered, the same is to be redressed by
APPELLATION in several degrees, yn.y firsts to
the Steward of the Stannary Court, where the
matter lyeth, then to the Under- Warden,"
&c. Now it is evident that the original cause
of complaint was one for which the appropriate
remedy was at Common Law; and the ground of
the writ of error brought into the ordinary
Courts, but dismissed, was the taking of
cattle " in execution upon a condemnation by
judgment had in the Court of the Steward of
Stannary,^' The original action was therefore
well brought in the Steward's, or Common
Law Court; and the decision must be consi-
dered as confined only to those cases in which
similar causes of complaint are ministered,
namely, where the remedy for the injuiy com-

86

SUBSTANCE OF A REPORT ON THE

plained of is at Common Law, and cannot
therefore be adduced as an authority against the
original jurisdiction of the Vice-Warden's
Court, in matters of equity.

So the code of Stannary laws of the 30th
Elizabeth, referring to, and construing the
effect of the Decree of the Lords of the CJouncil
for Stannary affairs*, declares that ^* every cause
that the Court will bear shall commence in the
Stannary Court" (meaning the Steward's
Court t), which necessarily implies that there
are other descriptions of causes relating to
Stannary matters, which may commence else^
where.

Of the powers
and fanctions
of the Stewards
of the Stanna-
ries^ and of the
jurisdiction of
their respective
Courts.

The Stannary code of 22 James I. does
not seem very intelligible upon this subject of
APPEAL, but there is certainly nothing to militate
against the construction above adopted ^.

2d. Of the powers and functions of the
Stewards of the Stannaries^ as connected
with the administration of justice, and of the

* It seems probable that the Decree of the Lords of the
Council here referred to is that which is quoted by Lord Coke,
in his 4th Listitute.

t See Carew's Definition, Lord de Dunstanville's ed. p. 58.

J The Auditor has dwelt longer on the subject of the original
jurisdiction of the Vice- Warden's Court in matters of Equity
than he would have deemed necessary, because the solicitor of
Mr. Hall, who filed the Bill in Chancery on behalf of his
client^ has the reputation of having much studied the theory
and practice of the Stannary jurisdictions. Having dra^n
opposite conclusions from those expressed in that bill, the
Auditor was desirous that they should be justified by the proofe
adduced in support of them.

STANNARIES OF THE DUCHY OF CORNWALL. 87

Jurisdiction of the respective local Courts
over which they preside.

The Stannaries of Cornwall^ for all the pur-
poses of Cmnmon Law jurisdiction, are
divided into four districts^ wliich are respec-
tively denominated the Stannaries of Black -
MOOR, FoYMOOR, Tywanhaile, and Pen-
WITH and Kerrier.

They are thus described by Mr. Carew:
" the tinners of the whole shire are divided into
four quarters : to each of these is assigned, by
the Lord Warden, a Steward, who keepeth
his Court once in evei'y three weeks. They are
termed Stannary Courts, and hold plea of what-
soever action of debt, or trespass, whereto any
one dealing with black or white tin, either as
plaintiff or defendant, is a party. Their manner
of trial consisteth in the verdict given by a Jury
of six tinners, according to which the Steward
pronounceth judgment."

Mr. Thomas thus describes the four Law
Courts of the Stannaries, and the duties of the
Stewards who preside as Judges in them : —

" They are Courts of Record for trying
civil actions between tinners^ or tinners^ and
any other persons, arising within the Stanna^
ries^ — and for recording proclamations of new
tin bounds, and giving judgment thereon.
Each of these Courts has jurisdiction
throughout the respective Stannary in which it
is held, and the causes are tried therein^ before
the Stewards of the respective Courts (who

88 SUBSTANCE 0F A REPOET ON THE

Bre the Judges appointed by the Lord Warden)^
and a Jury consisting of six tinners."

" The duty of the Stewards of the four Law
Courts for the Stannaries is to attend their
respective Courts, which are to be held from
three weeks to three weeks* ; to hear all causes
and subjects cognizable in their Courts that
are brought before them, and to record the ver-^
diets of the Juries therein, and to give judg-
ment in such causes, according to the laws and
customs of the Stannaries; and they are to
take care of the records, plaints, entries, pro-
clamations of TIN bounds, and other proceed-
ings, in their respective Stannary Courts^ for
two years after the determination of the several
suits or causes to which the records relate, and
afterwards to deliver them over to the Vice-
Warden, to be preserved and kept in such
place in the Stannaries as the Lord Warden
or Vice- Warden shall direct."

The Stewards, as well as the Vice- War-
den (and in most cases concurrently with him),
are invested, by the Stannary laws, with the
powers of Magistrates, within their respective
Stannaries, for the prevention, by summary
process, of offences against those laws, and
which are likewise wholly distinct from their
judicial functions as Judges in their respective
Stannary Courts t.

With respect to the legitimate exercise, and

* See section 25 of Convocation of 22d James I. ; sfcction
22 of 1 1th Charles I. ; and section 18 of 2d James II.
t See printed Stannary Laws.

STANNARIES OF THE DUCHY OF CORNWALL. 89

the Kmits of their judicial functions^ we BDay
be justified, from the Charters of 3d King
John, and of the 33d Edward I., and upon the
principle laid down in the second resolution of
the Judges, in the year 1608, in assuming, that
it is within the competency of the Stewards,
or Common Law Courts of the Stannariesy to
take cognizance of and to redress eveiy matter
of civil wrong or injury concerning the Stan"
naries (with the exceptions specified in the
Charters), which would, by the Common Lata
of the land, in ordinary cases, be properly
cognizable and remediable by the Common
Law jurisdiction of the land : for other-
wise we must suppose (what we have no right
gratuitously to assume) that this system of
exclusive jurisprudence should be so defective
in its principles and practice as to have per-
mitted the commission of civil wrongs and
injuries, throughout an uninterrupted period of
many centuries, without having provided a
remedy for them. The substitution of this
peculiar system of jurisdiction, in the place
of the general jurisdiction of the country,
must be supposed to have been complete for all
the purposes for which it was substituted, and
the system as eflective for all those purposes as
the one which it was made to represent and to
exclude *.

In the general view which has been pre-
sented by the documentary proofs exhibited in

' * In the Bailiff of Blackmore, and in Pearce's Stannary Laws,
will be found various forms of proceedings in the Steward's
Courts, in the times of Henry VIII. and Elizabeth.

90 SUBSTANCE OF A REPORT ON THE

this report, of the whole system of the Stannary
JURISDICTION, we may perceive a clear line of
distinction drawn between that of the Stew-
ard's, or Common Law Courts, and that of the
Vice-Warden's Court, in the exercise of its
functions as a Court of Equity, and a close
analogy, both in principle and practice, between
the exercise of their respective jurisdictions,
and of those of the ordinary legal and equi-
table tribunals of the country. This view of
the subject may be illustrated by a reference to
the Stannary codes of laws of the 22d James I.
(clause 21), the 11th Charles I. (clause 18),
and the 26th, Geo. II. (clauses 9 and 11)
These positive enactments are in strict con-
fonnity witli the principles and practice by
which the Courts of Equity in Westmin-
ster 'Hall are governed, and would seem to
afford a consistent and safe rule of construc-
tion, decisive of the jurisdiction of the Vice-
Warden's Court, in all other matters of equi-
table consideration, where those laws are
silent. And if this line of distinction had been
adhered to in the practice of the Vice -War-
den's Court, the Stannary jurisdiction could
probably not have been brought into question.

In addition to the exercise of these magis-
terial functions in the prevention of offences
against the Stannary laws, and of these judicial
functions at the general three-weekly courts,
for the trial of actions at Common Law, re-
lating to Stannary affairs, it was the duty of
the Stewards to hold special courts, when
necessary, for the trial of the rights in tin
works; also to hold courts, called Customary

STANNARIES OF THE DUCHY OF CORNWALL. 91

Courts, which, " according to ancient custom,'*
were always or usually kept " the morrow after
certain fairs, within each Stannary, for the
b^tiefit of such as do attend the fair and court,
and were, always to be kept at the place where
the fair was held, or else at the next market-
town, to . the same place within the Stannary y
and no farther off*; also to hold and preside
at tlie Law Courts within their respective Staafir
naries. These courts are in the nature of Courts
Leet, at which presentments of offences, and
also of the Stannary customs , are made by the
Grand Jury.'' In the exemplification of the
Stammry ctistoms by the 16th Hen. VIIL, art. 9,
the cust&m is stated to be, *' that twenty-four of
the most discreet tinners are every year to be
entered in the court-books, and lawfully warned
that they, under pain of 20 s.y make no default
at the Law Court, except a reasonable cause be
there deposed."

The same custom is repeated in the same
words in the dOth of Queen Elizabeth, art. 26.

The Convocation of 2 Jas. II., sect 20, or-
dains that " the grand jury for the respective
Law Courts shall be of the best and most suffi-
cient Stannators, to wit, owners of tin lands,
owners of bounds, adventurers for tin, not being
merchants or shopkeepers, and that there shall
be four-and-twenty such persons summoned by
the head bailiff to attend such Grand Jury at
every Law Court."

* See Convocation 22 James I., sec. 18; 11 Charles I. sec.
22 ; and 2 James II. sec. 18.

92

SUBSTANCE OF A REPORT ON THE

Third and con*
eluding general
head of in-
quiry, viz., the
particular nar
ture of the
.questionable
jurisdiction.

The Auditor proceeds to the third and con-*
eluding general head of his inquiries^ viz. —

What is the particular nature of the ques-
tionable JURISDICTION assumed by the Vice-
Warden ? And what have been its practical
operation and effects upon the administration of
justice in the Steward's Coui-t? And what has
been the consequential inconvenience of which
it has been productive to the mining interests ?

From the statement of the present Vice-
Warden (Mr. Wallis), it would appear that
this Common Law jurisdiction has principally
been exercised in the cases of debts due to
merchants and tradesmen for the supply of ma*-
terials or goods requisite for the working of
mines, and to tinners for work and labour per-
formed. The delay which, according to the
practice of the Stewards Courts, is incurred in
obtaining judgment and execution in an action
of debt is very great. In serviceable process
the shortest possible period is twenty-one^ and
in bailable process, eighteen weeks ; and in
cases of demurrer, replication, rejoinder, &c.,
it is obvious that the action must be protracted
beyond those periods. Judgment and execu-
tion may very often be obtained more expedi-
tiously by a resort to the ordinary Common
Law^Courts than to the Stannary jurisdiction*.

With regard to the recovery of debts due to
merchants and tradesmen for the supply of

* Appendix M.

STANNARIES OP THE DUCHY OP CORNWALL. 93

materials and goods requisite for the working
of mines, it appears certain, from the corre-
spondence of the late, and the statement of the
present, Vice-Warden (Mr. Wallis), that a
jurisdiction has been exercised by the Vice-
Warden's Court, in nuch cases, for a period as
far back as there are any records of that Court
extant, which, however, does not exceed about
seventy years. In confirmation of these state-
ments by the late and present Vice- Wardens,
the proceedings in a cause (Rawles versus Us-
ticke and others) tried before Dr. Borlase^ the
Vice- Warden of the Stannaries in the year
1759 (one of many other similar cases*), has
been seen by the Auditor- It is impossible,
therefore, now to ascertain at what period the
exercise of this jurisdiction was ^rst as-
sumed. The petition to the Vice- Wardens, in
the case of Rawles versus Usticke, certainly
appears to have been entertained very much as
a matter of course^ from which we must infer
the previous existence of the practice. The
question of jurisdiction was not then raised ;
the ground of the appeal to the Lord Warden
being the non-liability, personally, of that part
of the adventurers against whom the Vice-
Warden had decreed payment of the debt to
the tradesmen supplying the article : and from
this period until the action. Hall against the
late Vice- Warden, the authority of the ViCE-
Warden to entertain such petitions, and to

♦ In a letter from Mr. Wallis to the Auditor, of 24th January,
1829, he states, that ** he believes there are upwards of 200
cases in which petitions have been preferred for debts due from
the adventurers in mines to persons supplying them with mate-
rials, and for work and labour."

94 SUBSTANCE OF A REPORT ON THE

adjudicate in such causes, was never brouglit
into question.

Whether proof of the uninterrupted exercise
of a JURISDICTION throughout a period of seventy
years would be sufficient to entitle a court, be-
fore whom the question of jurisdiction might
be tried (in the absence of any positive e\idence
precluding a resort to presumption) , to presume,
in SUPPORT of the jurisdiction, its exercise
throughout a period which had its commence-
ment beyond the time of legal memory, so as to
clothe and invest it with the character and
consequential sanction of prescriptive usage,
is a question upon which the Auditor is not
competent to form an opinion. But it is not
necessary here to raise the question ; for any
such presumption would seem to be negatived,
in the most decided manner, by a solemn dic-
tum, pronounced more than 250 years ago by
the highest judidal authority of that time, and
which is declaratory of " the laws and ordi-
nances of the Stannary" on this particular
point *. That dictum is in effect this^ that all
actions or suits for redress of wrongs or in-
juries, the appropriate remedy for which is at
Common Law, mustoriginate in the Steward's
Court ; and, in conformity with this dictum, the
Stannary Convocation of the 30th Elizabeth de-
clares, that " every cause that the Court will
bear'' shall commence in the Stannary Court,
and have its due trial there, and that for default
of justice there, the party grieved shall have his
appeal first to the Vice-Warden, &c.

See Lord Coke's 4tli Inst. p. 230,

STANNARIES OF THE DUCHY OF CORNWALL. 95

Those who contend for the exercise of the ^JJ^^^"},'
Common Law oW^iwa/ jurisdiction in the Vice- ihow who^con
Warden's Court endeavour to support on it common^^Law

the following grounds : on^iiw/ juris-

diction of the

It is said to be a maxim well understood, and Court.
acted upon in the mining districts of Corn<^
WALL, that the party who gives credit for goods
of any description supplied to a mine, or who
works therein for hire or wages, has a lien, not
only on the tin ores raised in such mine, but
on the engines, machinery^ tools, tackle, and
materials, used and employed in carrying on
such mine; and therefore, the Vice-Warden,
as an Equity Judge, has a power of laying
an injunction upon the ore and materials there
found, for satisfying the just d^nands of such
creditors. And this is generally the prayer of
the petition, particularly where the party or
adventurers are in indigent circumstances, or
not able to pay personally.

It is alleged, that it is the practical applica- .
tion of this principle which enables mines to
be carried on with vigour and effect ; for if the
creditors had nothing to look to but the
personal .security of the individual adven-
turers, many of whom live at a great distance
from the mine, in different parts of the king*
dom, and are unknown, as to their circum-
stances and abilities, to the creditor, very
little credit would be given, and the opera-
tions of the mine would be extremely tardy
and feeble, and many adventures, which have
been, and now are, very productive, would have

96 SUBSTANCE OF A REPORT ON THE

been abandoned, or at least never have been
set on foot *.

Whether this argument, ab conveniently in
support of the principle and practice to which
it refers, and the length of time in vrhich that
principle and practice have been in operation ,
be of sufficient authority to give sudx validity
and eflfect to them as may prevail over the
analogical application of the general principle
and practice governing the ordinary jmisdic-
tions of the country in analogous cases, and over
the dictum of the Privy Council in the case of
Trewynard v. Roskarrock and others, and the
Stannary law of the 30th Elizabeth (sect. 36)
on this subject, is a question which the Auditor
submits to superior judgment to decide, .

Stannary Law The Stannary law which is relied upon in
these a"rgu- '° support of this principle, and of the practice
ments,2Jas.ii.-which has prevailed under it, is the 6th section
•*^'^- ofthecodeof2d Jas. 11.

By this law it is provided, that when there
are several adventurers in one tin work, and
any of the costs and charges of the said tin
work for goods, wages, or otherwise, shall be
unpaid, the party to whom any money shall be
so due shall only sue the person who bought
-•- . — ■ - • -■•'

* According to tbe practice which now prevails, and has, for
seventy years at least, been in use in the conduct of mining
operations, the credit is given to, and the legal obligation \k
incurred by, an individual called the " Purser,"' who is gena«
rally himself an adventurer in the concern, and who has the
whole management of it The case, therefore, which is here
put, is, in fact, never likely to occur.

STANNABIES OF THE DUCHY OF CORNWALL. 97

or contracted -with the labourers to work, and
not any other adventurer. But, in case the
person that bought the goods, or hired the
labourers, be not in arrears of his part of the
costs and charges about the said adventure, the
other adventurers who are in arrears shall
make him satisfaction for whatever shall be
recovered against him by such suit, with his
own costs and damages : and, in case the
person shall be sued for more than his own
costs in arrear, he shall have the like remedy to
recover what he shall be forced to pay above
the arrears of his own costs ; and the like
remedy to be had for the pursers and captains
of any work : and, in case the party shall be in
arrear of his costs after such account, their tin
and TIN STUFF shall be sequestered, and remain
as security until the matter shall be tried.

It is observed, by the advocates of the present
practice, that no such sequestration as that
directed by this provision of the Stannary
code of 2 James II. is applicable to a Court of
Law, but to Courts of Equity, which in this
case must be the Vice-Warden's Court. And
it is assumed, that the object of this provision
has a direct and immediate reference to the next
preceding section (the fifth) of the same code,
by which it is enacted, that where for the work-
ing of any tin mine any goods or materials are
judged necessary by the major part of the
adventurers, each of them may buy or bring in
his own part or proportion of the said goods,
and shall not be forced to buy the same of any
particular merchant or trader in the said goods,
or part adventurer, but of whom he pleaseth ;

H

STANNARIES OF THE DUCRY OF CORNWALL. 99

therefore he was the person to be called upon
in the first place by those who supplied the
work with goods^ or by the labourers whom he
had hired for their wages, and must regularly
be sued for the same, befoi^ a demaiul was
made upon those for whom he acts. But sup-
pose this Pui*ser should fail, shall the merchant
or tradesman whose goods are put into the mine,
and not paid for, lose his money ? If the person
who bespoke the goods cannot be sued, shall
not he whose goods the adventurers hare had
the use and benefit of, be relieved against them
in a Court of Equity ? Yes, undoubtedly : and
it never could be the intention of the makers of
this law to cut him off from such relief, because
this would be exceeding their power, which it
£3 well known is limited by the general laws of
the realm.

Such is the view taken of this subject by the
Vice-Warden of the Stannaries> in the year
1759.

Let us now see what is the practice, in the '^^ practice
year 1829, and the view taken of it by the (i829)"pre.
present Vice- Warden, Mr. Wallis. ^"*! !« ^%

* working of

The creditor who supplies the mines looks
to the Purser, who is usually one of the adven*
turers ; and as he receives all the monies arising
from the produce of the mine, the crefditor gene-
rally sues the Purser, by petition to the VicE-
Warden, such Purser having power to reco-
ver over against the adventurers in arrear.

The principle of lien is carried so far that

h2

mines.

100 SUBSTANCE OF A REPORT ON THE

lliare are instances of injunctions being ob-
tained on TIN ORE removed from the mine to the
stamping-mill, and on white tin at the smelt-
ing-house, for payment of costs in the mine, due
from the person to whom such ore or tin be-
longs.

The right of petitioning the Vice-Warden
in cases of recovering costs from adventurers in
mines is expressly provided for by the llth ar-
ticle of the last Convocation of 1752, in which
powers are given of sale of the share of any
adventure, and of the tin stuflf, which is a recog-
nition of the summary mode of proceeding in
this court *.

Upon the investigation of the merits of the
petition, if a question should arise as to the
sum due to the petitioning creditor, it would
then be incumbent on the Vice-Warden, at
the request of either of the parties, to direct an
issue to the Stannary Law Court to try that
point by a Jury, and on their verdict being re-
turned to him, to decree accordingly.

This is the equitable construction put upon
this mode of proceeding, founded on the pecu-
liar circumstances of mining, and without such
a JURISDICTION the concerns of a mine could
not effectually be carried on, where so many
complicated transactions are involved, and
prompt and . decisive measures are absolutely
necessary.

* This clause relates solely to the case of partners in the same
mine, whiqh is clearly a matter of bquitable jurisdictiok*

STANNARIES OP THE DUCHY OF CORNWALL. 101

With great submission to these very respect- The argnments
able authorities, it seems to the Auditor that contMd L Uie
neither the arguments or reasoning of the Vice- Commoii uwi
Warden in 1759, or those of the present Vice- ih© v^clsWtr.
Warden, have met, or even touched the real ^eo's court
question at issue, namely, what is Xhe particular
form or mode of legal or equitable proceeding
to which the creditor (be he a merchant or trades-
man supplying materials, or be he a working
tinner entitled to the wages of his labour, but not
a partner or co-adventurer,) is bound, by the
laws of the Stannaries, to resort, for the recovery
of the monies due to him for the goods or ma*
terials bought or contracted for, or for the wages
of his labour in working the mine ? Is he to seek
his remedy by legal process in the Steward's
Court of Stannary in which the mine is situate,
or may he resort at once to the equitable juris-
diction of the Vice -Warden, for the recovery of
his LEGAL debt from the person who entered into
and contracted the legal obligation with him ?

It may be observed, that the Stannary law
which is relied on in support of the principle
and practice contended for, and which restrains
the creditor from proceeding for the recovery of
his debt against any other than the person who
actually entered into the contract with him,
would seem to be subversive of the maxim be-
fore stated, which would in eflPect vest in the
creditor a direct lien or security for his debt, on
the property of other persons than the person who
actually entered into the contract with him, and
would therefore, in eflPect, enable him to sue those
persons whom the law expressly jwoAiftite him

102 SUBSTANCE OF A REPORT ON THE

from suing for the recovery of his debt. How
then can the law and this maxim stand together,
unless we assume a latitude of construction of
the law which would not seem to be war-
ranted either by the terms of the law itself or
by any analogies^ whether derived from the Stan^
nary jurisdiction, or the ordinary jurisdic-
tion of the country.

The law is silent as to the particular mode
which the creditor is to pursue for the recovery
of his debt. It would appear to have a two-fold
aspect as to jurisdiction, with reference to
the different objects which it embraces.

The first paragraph of the clause is confined
to a transaction altogether of a legal character,
namely, to a contract entered between A. (an
adventurer in a mine) , solely and exclusively of
his co-adventurers in the mine, and B., a mer-
chant or tradesman, for the supply of goods or
materials, or a working tinner selling his per-
sonal labour in the working of the mine for
hire, at a certain rate of wages, by virtue of
which contract a debt is legally incurred by the
former to the latter. The law does not direct
the mode of recovery, but simply restrains or
prohibits the creditor from proceeding against
any other of the co-adventurers in the mine
than the one who actually entered into the
contract with him. It would seem obvious,
therefore, that the mode of proceeding should
follow and conform to the general law and
practice governing the Stannary jurisdiction
in all other cases of debt legally contracted.

STANNARIES OF THE DUCHY OF CORNWALL. 103

and for which that law has provided a legal
remedy.

The other aspect, as to jurisdiction, which
this clause presents to us, is exhibited in the
two following paragraphs of it, which relate to
transactions altogether of an equitable character,
namely, to the settlement of claims of one of a
set of co-partners in the same concern upon
one or ' more of his partners in that concern :
now this is a matter, for the settlement of which
the appropriate jurisdiction is, as obviously,
that of a Court a/" Equity.

The course of proceeding, therefore, would be
consistent throughout ; the creditor would pro-
ceed against his debtor at Common Law, in the
Court of the Steward of the Stannary in
which the mine was situate. The debtor against
whom judgment was obtained by the verdict of
a Jury in that Court would have his remedy
over in equity y that is, in the Court of the Vice-
Warden, against his co-partners in the con-
cern, under the circumstances stated in the
clause under consideration.

It may not be improper now to advert to
the argument, a5 convementi, which has been
adduced in support of the practice which un-
questionably prevailed in the year 1759, and
probably from an earlier period, in order that a
judgment may be formed how far it is really
applicable to the existing state of the mining
concerns, and in what degree the continuance of
the practice may justly be deemed essential to
the mining interests.

104 SUBSTANCE OF A RITPORT ON THE

We learn from the decree of Dr. Borlase,
that the manner of carrying on tin works, in
the time of James II., was somewhat different
from that in practice in 1759 ; and tbat^ at the
latter period, the method which almost univer-
sally obtained was the appointment of a Purser^
who was to provide all materials and what-
ever might be wanted for carrying on the ad-
venture.

We learn from Mr. Wallis (the present
Vice-Warden), that the method which pre-
vailed in 1759 is stiU in practice.

The Purser^ who is usually himself one of the
adventurers, is employed by his co*adventurers
as their agent, to pay all monies, and to make
aU contracts on behalf of the mine ; and the
creditor who supplies the mine generally looks
to ^ Aim, as he receives all the monies arising
from the produce of the mine.

What possible objection, therefore, could there
be to the creditor in such case seeking his
remedy against the individual (namely, the
Purser), who personally and legally is bound to
him by positive contract, through the medium
of the Common Law Court of the Steward of
the Stannary y which unquestionably (upon the
principle and according to the whole tenor of
the Stannary laws themselves, as well as> by
analogy, to the ordinary jurisdictions of the
country) is the appropriate jurisdiction for
the determination of all cases of this descrip-
tion. The Auditor is unable to discover any
ground whatever arising oat of the present sys*

STANNA.RIESOFTHE DUCHY OF CORNWALL. 105

tem of working mines why this, in its nature a
Common Law remedy, should be made an ex*
oeption to the general law of the Stannaries,
as embracing all cases wherein the appropriate
mode of seeking redress is through the Common
Law jurisdiction : on the contrary, it seems
that the Common Law proceeding applicable to
general eases would be more consistent with
the present system than the practice which has
constituted the deviation from it. The indivi^
dual who, by his contract, has made himself
personally responsible at law to the creditor,
'' receives all the monies arising from the pro-
duce of the mine ;" he has, therefore, in his own
hands, the means of indemnification against the
consequences of the contract by which he has
bound himself: and in the event of differences
arising between himself and his employers and
co-partners, on the subject of this indemnifiea*
tion (a circumstance not very probable, if the
transaction be fair and band fide), the Equity
Court of the Vice-Warden, the appropriate
tribunal for the adjudication of cases of that de-
scription, is open to him.

Under all these circumstances, the Auditor
submits to the consideration and superior
judgment of the Commissioners, whether it
would not be highly inexpedient to attempt
to persevere in the exercise of a jurisdiction,
the legality of which was actually brought
into question by an appeal to the higher tri-
bunals of the country ; and although there has
not been any formal adjudication on the ques-
tion, yet there are very substantial grounds for
cQQsidering the practice^ which has grown up
and prevailed for a length of time, as contrary

106 SUBSTANCE OF A REPORT ON THE

to the intent and meaning and the true construc-
tion of the Stannary laws or customs themselves,
and, consequently, as an unwarranted assumption
of JUDICIAL authority by the Vice-Warden's
Court ; the more especially, as the Stannary laws
or cust&ms present to the creditor an obvious and
unobjeetionable course of proceeding for the
recovery of his debt ; and as there would not
appear to be any other ground, even of expe-
diency (still less of necessity) , which should call
for this irregular assumption of judicial autho-
rity by the Vice- Warden's Court, than that of
the probability of a more speedy recovery of the
debt in that court than in the Common Law
Court of the Steward of the Stannaries, as-
suming that justice in the Steward's Court
will be administered (as there is every reason
to hope and believe it will be, under the highly
respectable individual who presides over those
courts) with regularity, promptitude, and ability.

It may, however, be deserving of considera-
tion, whether the period of obtaining judgment
and execution in the Steward's Court might
not be accelerated by regulations and rules
within the competency of the Court itself to
establish ? If this were practicable, it would
certainly be very desirable that it should be
done, as removing one of the causes to which
the disuse, into which the Steward's Courts
have grown, has been ascribed*.

2d. The practi- 2d. What has bccu the practical operation
andTffect of and e£fects of the exercise of this questionable

the exercise of JURISDICTION bv the ViCE-WaRDEN'S Court

this question- *'

» I ■ < ■»— ~— 11 ■ ■ II I . Ill I |M^»» III!

* Appendix N.

STANNARIES OF THE DUCHY OF CORNWALL. 107

upon the administration of justice in the abiejnri>.diciion

c,' y r^ . n on the adminis-

DTEWARD S UOUrts / tratiou of justice

in the Steward^*

They have been to withdraw altogether from
the latter the most important pail, probably, of
the business properly belonging to their juris-
diction, namely, actions brought by merchants
and tradesmen for the recovery of debts incurred
by the supply of goods or materials, and by *m-
ners^ for the wages of labom* in the working of
mines: for, with regard to actions for simple
contract debts (having no connection with the
working of mines) between individuals, for
which resort is now usually had to tlie Common
Law jurisdiction of the cauntryy they are
comparatively of little importance, and, indeed,
of none whatever to the working of mines.

The negligence and inattention of the Stew*
ARDS of the Stannary Courts, in the discharge
of their judicial functions and duties, was pro-
bably one of the primary causes which led to
this abstraction of business from their courts*
The unnecessary and vexatious delays and ob-
structions experienced in consequence by the
suitor^ in his endeavours to obtain justice in
those courts, would naturally induce him to
seek for it by resort to another tribunal, of that
mme peculiar jurisdiction which he had always
been in the habit of viewing as the appropriate
one for the adjudication of cases of the descrip-
tion of his own, that is, as connected generally
with the Stannaries.

That other tribunal (the Vice- Warden's
Court) was, no doubt, ready enough (not, how-

108 SUBSTANCE OF- A REPORT ON THE

ever, from any unworthy or improper motive,
but, on the contrary, perhaps, from a desire to
promote the ends of justice, which otherwise
might seem unattainable) to entertain the peti-
tion, and adjudicate on the case, without any
rigid examination on the part either of the
suitor or the judge (probably not a professional
man), into the real and proper limits of its fat'^
ticular jurisdiction. A few precedents being
thus established, the convenience of such a re-*
sort, under the circumstance of the ill or negli-

fent administration of the Stannary^ Common
jAW Courts, would lead to an extension of
the practice, which would soon become uni-
verssil. This diminution of the business, whilst
it diminished the importance of the Court, di-
minished also the emoluments of the judge, and
thus removed one of the most effective induce-
ments to a proper discharge of his judicial
functions ; and thus we may perceive an easy
solution of the inquiry into the causes which
have operated to bring the Courts of the Stew-
ards of the Stannaries into disrepute and (its
natural consequence) an almost total disuse.

It is with great satisfaction, however, that
the Auditor is enabled to report, that the most
perfect good understanding subsists between the
present Vice-Warden and the Steward of
the Stannary Courts ; and it is due to both those
gentlemen to say, that, from the many commu^
nications he had with them during his stay in
Cornwall, he feels fully justified in submitting
his firm belief, that no exertions on their part
will be wanting (by a zealous and unremitting
devoti(m of their time and talents to the faithful

STANNARIES OF THE DUCHY OF CORNWALL. 109

discharge of their judicial functions) to re-esta-
blish the courts over which they preside upon a
footing of respectability and efficiency^ and
thereby to place the administration of the iSfon-
nary laws and customs upon the firm basis of
public confidence in the honour, integrity, and
competency of the judges by whom they are to
be adnaaistered.

. 3d. What has been the consequential inoon« 3d,Theincon.

f» 1*1. 1 • f a\ • A* veDience ana

venience oi which the exercise oi this question- detriment of
able jurisdiction of the Vice- Warden's Court ^»»ich the exei-
has been productive to the mining interests ? . nsdiction has

been productive
to the mining

The late Vice-Warden (John Vivian, intcrcsta.
E!sq.)> in his letter to the Lord Warden, of the
12th September, 1824, stated (with reference to
the then pending action of trespass against him
by Mr. Hall) that, in order " to avoid getting
deeper into difficulties, he had given notice that,
until this question was decid^, he should de-
cline trying any causes but such over which
JURISDICTION was givcu by some Act of Con-
vocation."

The Auditor was informed by Mr. Wallis Scpti828.
(the present Vice- Warden), that, although he
had repeatedly given notice of holding courts,
no business had been done there, which he
ascribed to an idea, prevalent in the county, that ^
some inquiry was about to take place which
might give rise to regulations in the Stannary
Courts, by which the administration of justice
ijQ them might be rendered more efficient, and
consequently more beneficial to the mining inte-
rests; and that proceedings were, in consequence.

110 SUBSTANCE OF A REPORT ON THE

suspended, which would otherwise have been
commenced.

6th Sept. 1828. In a subsequent communication with Mr.
Borlase, the Steward of the Stannary Courts^
the Auditor was informed that, in the expecta*
tion of the inquiries about to take place into the
administration of the Stannary laws, the ViCE-^
Warden and himself had deemed it advisable
to postpone the commencement of any proceed-
ings in their respective courts until they should
have received some authoritative notification on
the subject.

The inconvenience, therefore, which was oc-
casioned to the mining interests, in consequence
of the JURISDICTION of the Vice- Warden's
Court having been brought into question, has
been the total suspension of the administration
of justice in all Stannary matters, from the date
of Mr. Vivian's letter to the Lord Warden, in
September, 1824, until the period of the Audi-
tor's communications with Mr. Wallis and Mr.
Borlase in the autumn of 1828.

On the 1st October, 1828, the Auditor had
an interview with the Vice-Warden and the
Steward of the Stannary Courts, at St.
Austle; and, after much discussion on the sub^
ject of the Stannary jurisdiction, it was consi-
dered highly desirable, in order to prevent any
further inconvenience to the mining interests,
that their respective courts should be opened
without delay, and that a notification of su(5h
intention should be given by public advertise^
ment in the Cornish papers, which wm

STANNARIES OF THE DUCHY OF CORNWALL. Ill

accordingly done ; and those gentlemen entirely
concurred in the expediency, and in the reso-
lution of strictly adhering, in the discharge of
their judicial functions in their respective
courts, to the observance of that clear and
obvious line of distinction by which the one is
characterized as a Court of Equitable, and the
other as a Court of Common Law, jurisdiction
until they should receive some authoritative com-
munication (with which they both expressed
an anxious desire to be favoured) from the
Commissioners, or from the Lord Warden, for
their guidance and sanction, as the general prin^
ciples upon which the judicial proceedings of
their respective courts should in future be consi-
dered as decisively and permanently established.

A very few days had elapsed, after this
determination of opening the Stannary Courts
had been taken, when a circumstance occurred,
within the Auditor's own knowledge, which
affords a strong practical illustration of the
nature of the inconvenience arising to the
mining interests from the suspension of the
administration of justice, and of the degree
of importance attached, by the lower classes of
miners at least, to the opportunity of a ready
and easy resort to some local jurisdiction for
tlie settlement of their disputes in all matters
eoinnected with their mining operations.

Whilst the Auditor was at St. Austle, mutual 3d Oct. i828.
appeals were made to him, officially, on behalf
^ two different sets of miners,, disputing eihcb
other's claim to the possession of working a tin
stream-work, on a moor called Great Moor,

112 SUBSTANCE OF A REPORT ON THE

part of the extensive wastes of the Duchy
Manor of Treverbyn Courtenay. This
stream-work is situate about four miles from
St Austle^n a part of the moor inaccessible to a
carriage. He was unable, therefore, to go him-
self; but assured them that a gentleman, who was
entirely in his confidence, and who possessed
full authority from him, should, on the succeed-
ing day, meet them at the stream-work in
question, in the hope of settling the matters in
difference amicably between them, and he in-
treated them, in the mean time, to abstain from
any acts of violence, which, from the tone of
their respective complaints, he had too much
reason to apprehend.

4th Oct 1828. In consequence of this arrangement, the

gentleman before alluded to proceeded to the
stream-work which was the subject of dis-
pute, and to his discreet and judicious con-
duct of this difficult negotiation must be
ascribed the termination of this dispute with-
out a personal conflict, which, from the num-
bers of the individuals assembled on each
side and the nature of the weapons with which
they came armed to the spot, must inevitably
have, been attended with bloodshed on both
sides, and very probably with the loss of life.
The parties, had it not been for this amicable
adjustment, would undoubtedly have taken the
law into their own hands, because they had
been told that there was an end of their heal
jurisdiction ; that justice, in these concerns,
was not to be obtained iji Cornwall, but that
it must be sought for in London, which, in fact,
amounted to an impossibility of obtaining it at alK

STANNARIES OF THE DUCHY OF CORNWALL. 1 13

It may be proper here to observe, that the
Auditor found an idea universally prevalent
throughout the middling and lower classes of the
mining interests in Cornwall, that the Stan^
nary jurisdiction had not only ceased to exist,
but that there was not any prospect of its revival.

The prevalence of this idea, coupled with the
occurrences in Treverbyn Courtenay, sa-
tisfied him of the propriety of the determinatfon
that the Stannary Courts should be opened with-
out any further delay.

The Stannary laws evince a laudable anxiety,
not only that justice should be purely ad-
ministered^ but that it should even be free from
any suspicion of corruption ; and that the
practisers in the Stannary Courts should not
only be persons of respectability, but of pro-
fessional education and experience.

The Commission of the 18th Henry VIII.
d^^clares, that neither the tJnder-Steward nor
his clerks shall be of counsel for either party,
nor procure any cause of action ; nor that they,
nor any attorney of the Stannary Courts, do
buy any cause of action, and prosecute the same
in the vendor's name*

The Convocation of the 30th Elizabeth de-
clares "that the number of pettifoggers in the
Stannary practising is prejudicial, not only to
the poor tinners^ but also a hindrance . to jus->
tice, which kind of people by law are not to be
permitted, neither ou^ht any to deal in causes,
&c., but such as have been towards the

114 SUBSTANCE OF A REPORT ON THE

law, and of some Inn of Court, or Chancery ;
and if any tinner will retain counsel in their
causes, the same to be such as have been of that
profession, and of some house of Court or
Chancery, otherwise the tinner to deal in his
own cause, or one tinner for another, and the
pettifogger not to intermeddle therewith."

The 25th section repeats (in nearly the
same terms) the provision in the Commission
of Henry VIII.

JThe Convocation of the 22d James I. refers
t^ the 25th article of the 30th Elizabeth, and
prohibits any Steward, or his clerks, from
being of counsel or attorney, and from soliciting
in any cause in the court whereof he shall be
Steward.

The 17th section of the Uth Charles I.
affirms their '' ancient custom to be *, that neither
Vice- Warden, Steward, &c., nor any other
practiser in the Stannary jurisdiction, nor any
great person in the county, nor a;ny man of
power among the tin works, nor their children,
&c., ought to be made owners in any tin
works in variance ;" and it proceeds to enact,
that every tinner selling or promising any tin
works or bounds in variance to any of the per-
sons aforesaid shall forfeit £5, and makes
void the sale, &c., in regard to him to whom it
is made, and gives it to the churchwardens
of the parish towards the relief of tlie poor, *

* These {irovisions all show what early attention was paid
to the pure administration of justice in the Stcmnaries,

STANNARIES OF THE DUCIIY OF CORNWALL. 1 15

The Convocation Code of the 2d James II.
ordains that '* no person, except a barrister-at-
law, or a sworn attorney of one of His Majesty's
Courts at Westminster, be admitted to plead
or practise as counsel or attorney in any of
the Stannary Courts."

The Stannary Records are now kept in a 2d. The sute
building in Truro, called the Prince's Hall, jJeco'i!*""'^
which contains, on the upper floor, the Vice-
Warden's Court-room, the Record-room, and
a large adjoining room ; on the ground-floor is the
coinage-hall and office, and adjoining is a court-
yard, into which the blocks of tin are removed,
after they have been coined, and where they re-
main until taken away by the smelter. The whole
appears to be in very good repair and condition.

The Vice-Warden's Court is equal, in the ac-
commodation and convenience which it afibrds, to
any court which the Auditw has seen elsewhere.

The Record-room is ill fitted up, but by a
little arrangement of presses^ &c. it might, at a
very small expense, be rendered capable of hold-
ing many more records than are at present in it ;
and, if it were necessary, the adjoining room
might be made to hold records to any extent.

The records themselves are in a state of
great confusion. But Mr. Wallis informed the
Auditor that it was his intention to have all the
records examined and classed according to their
subjects and dates.

It does not appear that there are any records

i2

116 SUBSTANCE OF A REPORT ON THE

relating to the Stannaries, in the Record-rooin
at Truro, of an earlier date than the Convo-
cation of the 26th George II., A. D. 1752.
This circumstance, which is very much to be
lamented, admits, however, of some explanation^

The Stannary laws of the Convocation of the
2d James II. recites, that *' in the late horrid
rebellion against our late Sovereign Lord King
Charles I., of ever blessed and glorious memory,
in the year 1644, the rebels, under the com-
mand of the Earl of Essex, the Prince's Ex-
chequer at Lostwithiel was plundered, and most
of the records destroyed/'

This unfortunate destruction of the ancient
Stannary records, up to this period, will account
for the want of the records of all the very early
Stannary Convocations, but will not account for
the loss of those of the 22d James I. and of the
1 1th Charles I., although they were both ante-
rior to the date of this destruction ; for it would
be reasonable, on general grounds, to suppose
that the records of those Convocations were in
existence at the date of the publication of
Pearce's Book on the Laws and Constitutions of
the Stannaries (A. D. 1725), in which they are
stated at length, and without any intimation that
they were taken from copies only of the original
records ; and, on similar grounds, we should be
bound to assume, either that those records
themselves, or that some documents which the
Convocation of the 26th George II. deemed to
be authoritative evidences of them, were in
existence at the date of that Convocation, since
the laws and constitutions enacted in them are

STANNARIES OF THE DUCHY OF CORNWALL. 1 17

recited at length (and as if verbatim from ori-
ginals), and are re-enacted in the code of laws
passed in that Convocation.

The Auditor then submitted the following ^^f '"^^."^
points, which would seem to present themselves of^oFnu hJ^
tor the consideration and decision of the Com- consideration

. , aoa decisioD.

missioners: —

1st. How far it might be expedient that they
should humbly recommend to His Majesty,
that the Royal sanction should be granted to
the measure proposed, on the part of the Mem-
bers for the county of Cornwall and Mr.
Davies Gilbert, that copper and all other
minerals should be brought within the operation
of the Stannary laws and customs, in so far only
as may be necessary to place them, as well as
tin, within the eoaclusive local jurisdiction of
the Stannary Courts * ?

2d. In case they should be pleased to con-
cur in the view which the Auditor presumed to
entertain of the genuine nature and character,
and the legitimate extent of the jurisdiction
of the respective Courts of the Vice-Warden,
and of the Steward of the Stannaries, accord-
ing to what would appear to be the real bearing
and the true construction of the ancient pre-
scriptive usages and customs (the Lea: non
scripta), and of the written laws and consti-
tutions of the Stannaries, it would, in such
case, be for their consideration, whether they

would deem it expedient to convey to the Vice-

■ - - .J

"^ This proposition was fully assented to by the Commis-
aioners, and by Uie law officers of the Duchy, to whom Mr.
Davies Gilbert's Bill was referred.— Appendix C.

118 SUBSTANCE OF A REPORT ON THE

Warben and Uie Steward of the Stanrnxry
Courts respectively, an intimation.of their opinion
to that eftect, and an instruction to those officers,
in the exercise of their respective judicial func-
tions, to adhere to that known and obvious line of
distinction which would decisively characterize
and clearly define the extent and limits of the
JURISDICTIONS of their respective courts, and
assuredly fix them upon a basis unassailable by
cavil or objection; the one, as a court of original
and perfect jurisdiction in all matters of equity,
but in the exercise of that original jurisdiction
confined to matters of equity only, and as a
court also of appellate jurisdiction from the
Steward's Court, on the ground of error^ or
false judgment in law ; and the other, as the
only legitimate court of original Common Law
JURISDICTION, to which resort must be had, in
the first instance^ for the trial of all matters,
and for the redress of all wrongs relating to
Stannary affiiirs, which are of such a nature or
character as^ in all ordinary affairs, would by our

general municipal law be triable and remediable
y a resort to the Common Law jurisdiction
of the land.

Th6 following suggestion was communicated
to the Auditor by a gentleman of such high
respectability, and, from long experience, so
fully conversant, both theoretically and practi-
cally, with every subject connected with the
mining interests in Cornwall*, and the sug-
gestion, at the same time, is in itself so imme-
diately and importantly connected with the sub-
ject-matter of this Report, that the Auditor would

* Davies Gilbert, Esq.

STANNARIES OF THE DUCHV OF CORNWALL. 1 19

consider himself deficient in that respect which
he owes to him, and in his duty as an official ser-
vant of His Majesty in his Duchy ofCormcaU,
were he to omit bringing this suj^gestion under
the especial consideration of the Commissioners.

The suggestion is founded on a fact, which
is not only indisputable, but which, in its ope-
ration, as^ connected with the mining interests
of Cornwall, may truly be said to be almost
universal. There b, probably, scarcely a mine
in Cornwall (he does not mean to include the
smaller descriptions of stream-works) which is
not wrought by capital, some portion of which
is contributed by non-resident adventurers, living
at places more or less distant from the work in
which the capital is employed, many of them in
London, but all of them out of the local limits
of the Stannary jurisdiction, and therefore out
of the reach of the legal service of any processes
from its courts ; the service of which upon non?-
resident adventurers, or other parties concerned^
might be essential to the ends of justice.

The suggestion is this : that some mode
should be adopted, if possible, of authorizing
and enabling the effective service of processes
issuing from the respective Stannary Courtis
upon all necessary parties, although resident
out of the local limits, and, therefore, out of the
wdinary jurisdiction of those courts.

The only provision in the Stannary laws
which has any bearing upon this subject is con-
tained in the lith clause of the Convocation
Act of the 26th Geo. II., which enables the
Vice-Warden to adjudicate as between

120 SUBSTANCE OF A REPORT, &C.

partners and co-adventurers in a mine, all
matters connected with the costs and expenses of
working and carrying on the same. This clause
concludes in the following manner, viz. —

'' And forasmuch as it may happen, that
such adventurers may live and reside in distant
parts, and out of the limits of the Stannaries^
so that they cannot be conveniently served with
such copies of such accounts, and of such orders
and decrees, as may from time to time in such
cases be made, — it is hereby declared and
enacted, that where such partners and ad-
venturers, as aforesaid, live and reside out of
the limits of the Stannaries y that in such case the
publishing or reading such accounts, and such
orders and decrees, at the mine, and affixing
copies of such accounts, and of such orders and
decrees, on any public place at the mine, shall be
deemed and taken to be, to all intents and
purposes, as good notice and service, and as
effectual upon such partners and adventurers
as aforesaid, as if he, she, or they had beesi
personally served therewith."

This provision, we may perceive, is limited in
its operation and extent. How far it may be
practicable, without objection, founded either
on general principles of ju&isprudence or on
LEGAL technicalities, to enlarge or generalize
the operation and effect of this limited provision,
so as to meet all the purposes of convenience
which the suggestion is intended to embrace,
the Auditor feels himself incompetent to offer
any opinion, and can therefore only submit the
point to the superior judgment and decision of
the Commissioners.

APPENDICES

TO THB

REPORT.

APPENDIX A. 1.

Extracts of Mr. Vivian's Letters to the Marquis of
Hertford, on the subject of the Stannary Juris-
diction.

First Letter i dated 2Qth August, 1823.

You have probably been informed, that, in the cause
Hall against your Lordship and myself, the demurrer,
in Chancery, has been decided in our favour.

Here I had hoped the business would have ended :
but Mr. Hall has thought fit to bring an action of
trespass against myself, Mr. Edwards, my secretary,
and others, which, we understand he means to have
tried in London.

In such cases, orders of sale have been the invariable
practice of the Court, as far back as the Records go ;
and never have they been controverted to the present
time.

The question is of the utmost importance to the
mining interest of Cornwall ; for, if such orders and
sales be not legal as to all materials hitherto sold
under such orders, no legal title can be made, nor can
those who may hereafter supply mining companies
with materials recover their just demands from dis-
honourable or insolvent debtors.

As the avowed object of these actions is an attack on
the jurisdiction of the Stannary Courts, and not foV
any errors on the part of those against whom the
action is brought, your Lordship wiJl, no doubt, think
it right that the Duchy should protect its own rights ;
for which purpose, 1 presume you will put the papers
into the hands of the proper law officers.

124 APPENDIX.

APPENDIX A, 2.

Extract of a Letter from John Vivian, late Vice-
Warden, to the Marquis of Hertford^ dated
I2th September, 1824.

Mr. Hall contends, that your Court has not original
JURISDICTION, but is a Court of Appeal from judg-
ments pronounced by the Steward of the Stannary
Courts.

Ill Opposition to this doctrine, I can find no proof
that our jurisdiction is founded on either Act of Par-
liament or Charter ; but it is a power which has been
exercised as far back as can be traced by the Records:
but none are to be found of a date anterior to seventy
years.

In 1754, Mr. Heale, the then Vice-Warden, made
a decree for the sale of the materials of a mine, to
pay debts due to labourers and tradesmen; and this
practice has prevailed to the present time, in divers
instances. Nor can it be presumed, that a man of
Mr. Heale's character and consequence in the county
would then, for the first time, have usurped a power
that had not been exercised by former Vice-Wardens.

In the mean time, to avoid getting deeper into diffi-
culties, I have given notice, that until this question is
decided T shall decline trying any cause but such over
which JURISDICTION is given by some Act of Convoca-
tion.

A. 3.

Third Letter, dated 12th September^ 1826.

^rhe great inconvenience which has been experienced
by the mining interest, from the suspension of your
court, has, I understand, produced an application to
the Members for this county, requesting that they

APPENDIX. 125

would take the opinion of the law officers of the
Crown and Duchy, as to the practicability of sup-
porting its JURISDICTION under the law and custom as
they now stand.

And if the lawyers should be of opinion that the
JURISDICTION cannot be maintained^ it is understood
that an application will be made to your Lordship^ and
the other principal officers of the Ducht, for the
purpose of establishing a court by act of Parlia-
ment.

Under these circumstances, I think it right to in-
form your Lordship of the present constitution and
practice of the court, according to the best opinion that
I can form of it.

The foundation of the court is the Charter of
Edward I *. But by the words of that Charter, " ad
emendationem Stannariarum nostrarum in Comubia."
it should seem that tinners were governed by laws of
their own before the grant of that Charter.

The power given is, " that the Warden, or his
Lieutenant, should hold pieces growing between the
tinners aforesaid, and also between them and others,
foreigners, of aH trespasses, &c., as long as they work
in the same Stannaries^*

Here then is a substantive grant of original juris-
diction to the Warden and his Lieutenant; but limited
to " working tinners,^ and to them only, " as long as
they shall work in the said Stannaries"

For, by Statute Charles L, this privilege of working
tinners is to cease, if for six months they discontinue
to work there.

How and when the jurisdiction was extended to
the various and important objects it has for many
years embraced cannot now be traced : probably by
usurpation, and acquiesced in, as found for the benefit
of the country. The regular Records do not go back
more than seventy years ; but from that period the
practice of the court has been uniform and the same ;

* This is not so, as will appear in the Report, and in the Disser-
tations on the Stannary junsdiction, in Appendices. D and £.

126 APPENDIX.

nor have I ever pronounce one judgment for which
I cannot produce the authority of some of my prede-
oessoirs.

And it is a great consolation to me, that, in the
nine years that I have had the honour of being your
Lieutenant, and in which time there has been rnone
business in the court than in the preceeding thirty
years, you have not been troubled with one appeal.

It has been questioned, whether a Stannary Convo-
cation had a right so to alter the Charter of Henry VII.
as to enact, that a less number than twenty-four Stan-.
nators should have the power of making laws.

And a doubt has even been raised, whether the
king has a right to grant, by Charter, the powers and
privileges given by Edward I. and Henry VII.

These are the doubts and difficulties which it is
intended to submit to the consideration of the lawyers,
and, until these doubts are cleared up, I have no doubt
of your Lordship agreeing with me, that it would be
unsafe for me to hold a court.

APPENDIX B.

Extract of a Memorandum delivered to the Auditor

by Mr. Davies Gilbert.

I assume, from the uniform practice of all nations
possessing mines, from the experience of Cornwall,
and from the wishes of every individual acquainted
with the nature of mining concerns, that the peculiar
jtJRiSDiCTiON must be preserved in the Stannaries of
Corkwall and Devon, and their authority extended
to COPPER and all other metals.

Mining affairs are, from the very nature of the
undertakings, extremely complicated.

Almost every concern has twenty or thirty partners,
or, as they are termed, in consequence of the great
uncertainty of success, co-adventurers. Perhaps the
lord of the soil has a share, and, less frequently.

APPENDIX. 127

other neighbouring gentlemen may adventure; but
the larger portion by far is usually in the hands of
merchants and tradesmen, who look forward (o the
supplying of tnaterials^ coal, timber^ iron, cordage^
gunpowder^ candles^ &c., and many of these are not
individuals, but complicated firms.

The Purser and superior Managers (or Captains)
also usually hold shares, so that at almost every step
where litigation arises recourse must be had to a juris-
diction in EQUITY. Moreover, injunctions for the
staying of improper workings under-ground, not merely
in hinderance of one set of adventurers taking metallic
ores from another, but for the important purpose of
preventing mines from being broken through, which
would in many cases overwhelm another mine with
water, are absolutely necessary ; and I need not say
how utterly impossible it would be for parties to make
effectual application in these instances to the Courts at
Westminster. And it is not only expedient, but
necessary, tliat the local jurisdiction should be upheld,
as to TIN. The much greater iitiportance of the copper
mines renders it still more imperious that the Stan-
nary Courts should be extended to them, and in
doing this, of course, all other metals should be
included.

It would be highly desirable that the precedent
lately established, as between processes issuing in Eng-
land and in Scotland, might be extended to the Stan-
naries, so as to allow of their receiving authority be-
yond the narrow limits of their proper jurisdiction,
an alteration rendered desirable, at least, in conse-

Juence of the great number of persons residing in
iONDON, and in other commercial towns, who are in
the habit of adventuring in Cornish mines.

With respect to internal regulations, it would be
highly expedient to consolidate the four Stannaries of
Cornwall, or, if that cannot be done, to make one
person Steward for the whole * ; and clearly to take

* There is now only one Steward.

128 APPENDIX.

away the existing power of appeal to one of them from
the other three.

If alterations can he made in the practice of the
Vice-Warden's Court, it would be de^rable to give
a power of ordering the sale of a part or share m a
mine (if a Vice-Warden shall think it fit) after two
orders have been made, at the interval of a month, for
sale of the growing produce. As matters now stand,
no sale of the share can be ordered so long as there is
any growing produce, however small ; in consequence
of which, parties have been driven to the ruinous ex-
pedient of actually stopping the mine, to procure the
sale of a part, otherwise the body of adventurers would
be obliged to carry on working at their entire expense ;
with another individual having the power at any time
to resume his share, in the event of success rendering it
advantageous for him to do so.

I now proceed to another subject, unconnected, in-
deed, with the former, but of great importance to the
prosperity of Cornwall and Devon, and which must
m all probability be now acted on, or not at all..

In rude times, when mining extended no^ furthei;
than to sinking pits about five or six fathoms under
shallow drains, then made for drawing off water, it
was deemed conducive to the working of mines, which
might increase the revenues of the Duke of Cornwall
and afford employment to the people, to allow miners
to enter on any waste lands which the proprietors
refused or neglected to work, and after having marked
out the extent which they intended to occupy, by
certain pits, as boundaries, to possess themselves of that
space (called bounds), so long as they continued, bond
jfide, working them; paying to the proprietors one-
fifteenth part of whatever tin ore they might find.

In the actual improved and enlarged practice of
mining, by which adits are driven of several miles in
extent, and machinery used of the largest and most ex-
pensive dimensions, this complication of rights would
be not merely inconvenient, but highly injurious to the
prosecution of mines, were tin alone concerned ; but

APPENDIX. 129

the evii is greatly increased by two additional circum-
stances.* The BOUND right extending only to tin, the
same mine belongs frequently, in respect to copper, to
one person, and in respect to tin, to another ; and by
gradual usurpation, aided by legal fiction, instead of
retaining the bound right by bond-Jide working, it is
now rendered perpetual, by the mere idle ceremony of
once in a year taking a shovelful of earth out of each
boundary pit. This dormant right* of working is ex-
tremely injurious to all agricultural improvements of
the country, as most of the finest vallies are scattered
over with bounds, which may be worked at any time^
and, even from motives of resentment against the pro-
prietor or his tenants, unless malice can be proved. It
would, therefore, be highly desirable to bring back
this bound right to its original tenure of bma-fide
working.

APPENDIX a

Draft of a Bill prepared by Davies Gilbert, Esq.,
with the joint opinion of Mr. Harrison and Mr.
Coleridge (now Judge Coleridge) thereon.

Whereas certain franchises and immunities, with local
and peculiar jurisdiction, both in law and equity, have
been and now are liolden within the Stannaries of Corn-
wall and Devon, by virtue of ancient customs and
usages, whereof the memory of man goeth not to the
contrary; by virtue of grants and charters from the
Earls and Dukes of Cornwall ; of various acts of Con-
vocation in Parliaments of tinners ; by virtue of grants

* The Auditor very much douhts the legality of any such
dormant right. The policy of the law of England, which would
clearly overrule any Stannary right which is contrary to that
POLICY, is decidedly hostile to any such right, and, he is of
opinion, would not tolerate it. Bounding without workings
h6 considers as decidedly illegal, as against the lord of the
soil. " Bounds are lost for not making iynn in Cornwall."
Appendix D*

K

130 APPENDIX.

and charters from the Kings of England, and by Acts
of Parliament.

And whereas, in later times, other metals thati
TIN have been discovered and wrought within the said
Stannaries, and especially copper, exceeding the Tix
in quantity and in value, and requiring great expense
for preparing and working the mines from whence it
is raised, and for smelting the ores.

And whereas doubts have been entertained as to
whether the said franchises and immunities, together
with their local courts and jurisdictions, can legally
be construed and taken to extend to such other metals
than tin, notwithstanding the long and uniform prac-
tice of co-extending them.

And whereas experience has evinced the great
utility of such local courts and jurisdictions, in pro-
moting the better and more effectual working of mines,
and in administering justice to all persons concerned
in or about the said mines, whether as lords of the
soil, or partners and co-adventurers, or as servants or
labourers in or about the said mines ; and it is there-
fore desirable that all doubt should be removed as to
the jurisdiction of the said courts.

And whereas the same cannot be done without the
authority of Parliament, be it therefore enacted, &c.
&c., that from and after the passing of this Act all
such courts, whether of Law or of Equity, within the
Stannaries of Cornwall and Devon, shall be deemed
and taken to possess the same powers and authorities,
according to the same course and order of adminis-
tering justice over all mines of copper and of other
metals, and over all persons concerned therein, whe-
ther as lords of the soil, or partners and co-adven-
turers, or as servants or labourers in or about the said
mines, in as full and ample a manner as if the said
mines had been mines of tin.

And be it ftirther enacted, by the authority afore-
said, that all decisions, judgments, or determinations^
which have been made before the passing of this Act,
in any of the said courts, respecting mines of copper,
or of other metals, whether the same were wrought

APPENDIX. 131

conjointly with tin, or wholly apart therefrom^ and
which decisions^ judgments^ or determinations, have not
been questioned in any court of Law or Equity, for
the space of after the same were

given or had, shall be good and valid against all ob-
jections as to the competency, power, or authority of
the said courts.

This Bill appears to us to be unobjectionably
drawn, and to provide for an object which, under other
circumstances, and at a proper time, the officers of the
Duchy of Cornwall would have no reason for oppo-
sing : but under existing circumstances, and especially
owing to the present state of the Stannary Courts, it
seems to us very undesirable for the Duchy, and
likely to prejudice the framers of the Bill, that it
should at this time be brought before the Legislature,
and become the subject of discussion ; and we are the
more of opinion that it will be desirable to delay the
proposition of the measure, as it is represented to us
that the subject of this jurisdiction is to undergo in-
vestigation and regulation by the proper authorities
during the present year, after which, and when, in con-
sequence of it, the courts are placed on a more unob-
jectionable footing, this measure may be introduced
into Parliament with great advantage.

Under this impression we have not thought it neces-
sary to go into so minute a consideration of the Bill as
it would otherwise have been our duty to do,

Wm. Harrison.

March 1, 1828. J. P. Coleridge.

APPENDIX D.

Extracts from Arguments in support of the Stannary
Jurisdiction, from a very old MS. Book in the
Duchy Office.

** There be * Stannatores* et ' Siannatores operanies;*
they that will have priviledge not to be sued elsewhere

K 2

132 APPENDIX.

are ' Stannatores operantes,* et * dMtn operantur ;' but
they that maie sue, they are, ' Stannatores^ without
the other addicon ; * et prout, hactenus fuer, usitat. ;'
soe as the use and custome is to be considered ; and
that they are soe distinguished is proved, —

*' 1. By the same Chartre.

" 2. Divers other Chartres.

*' 3. Continuall usage, wthxmt controllment, untill of
late. In the same Charter, in the verie clause that
concemeth pre-emption, are theis wordes, &c. — ^That
'omnes Stannatores, &c., lidte vendere possint nisi
nos Stanu, illvd emere voluerimtis,' by w'ch ap-
peereth, that eyther none may sell but working tynners,
or that none but working tynners are subject to the
pre-emption; where it is manifest that both clauses
extend to all tynners.

" In another place, which treats of the Wardens'
comitment, ^ But if the power of arresting of tynners «
should be restrayned to the worker, the owner, not
bringinge tynne to thecoynage, not makinge his washes
according to the lawe of the Stannary es, not using just
waights peculiar for ttnne, and many other ordinances
concerninge tynne, and divers others that are tynners,
and offend more often, then the worker should be un-
punished.' "

Other Charters.

In an ancient Charter, made 3d of King John, ^^ yt
appeereth that those liberties, granted 33 Edward I.,
were but confirmed ; for, in that Charter, by the word
tynner, is taken every one that makes profiitt to the
coynage; and such a one is he that setts other on
worke, or is a owner, though for a good space he
makes noe tynn ; for often times, in two or three yeares
together, men worke and gett nothinge ; and some tymes,
spend soe much tyme in passage for the water.

^' In 12 Edward III., by occas'on of discharge of a
taxe then layed upon woolls, maye be seen a manifest
difference between those that are ' Stannatores du.
op^ antes in Stannar.,^ and ' Stannator. qui terras, vel
tenta habent;' where it appeereth, that some coUoured

APPENDIX. 133

themselves to be tynners , and the allowanc's are to be
made to them 'qui veri sunt Stannatores.*

"^ 9 Richard I., w'ch is in the E'chequer, (where are
div'rs ordenances concerning tynne and coynage),
comand is given, amonge other tlungs, ' quod IStanna-
tares Keant liVtates quos Kere debeant et solvent;'
and in another place, this ' omnes foditores Keantjas-
tas et antiquas consuetudines et liVtates in Devtm, et
Comub, constitute^.'

5 Edward IV. When this Charter of 33 Edward I.
was confirmed, liberty was granted, ' Stannatoribus
quas ipsi et servientes sui,* &c., which must be in-
tended, some others than the workmen that use not to
have servants.

" The 23d Henry VII. The Charter of Fdon is
then stated in proof of the position contended for.

** As for Contynwall v^e, it appeereth by very mayn
instances, that Earles, Lords, Abbotts, other Clergie-
men, some Judges, Women, &c., chd sue in the
Stannaryes as * Stannatores' of w'ch neither Pit.
nor Deft, did ever work: neither hath it bynn
yet shewn, that prohibition, in any of those cases,
was brought untill of late ; and if it should be other-
wise, manifold inconveniences would follow.

" Bounds are lost for not making tynn in Cornwall.
^ '* In the bounds arise questions for not renewing
side-bounds, comers, &c., not right cutting.

•• For cuttinge of comers within another's bounds.
** For drawing of waters.

*' For not cleansing the heads of works, and infinite
other questions arise between workers and own'rs,
and between own'rs and adventurers that never
worke.

" Infinite other inconveniences would follow of yt, in
making the principall p'te of the Stannaryes (such as
are owners of bounds and bounders, buyers and sellers
of blacke tynne, owners of blowing-houses, &c., to be
destitute of remedye in the Stannary, in cases for which
there is no remedye atCom'on Lawe; and the customary
lawe of the Stannary is known to be so much different

134 APPENDI^t.

from the Common Lawe, that judgm'ts or verdict there,
are not examynable by error, faux judgem't or At-
taignt, but by appele, as appeareth by tne Decree in
Star Chamber, in Trewynarde's case, long sithence.

Touching the extent of a Stannary.

A® 5 Johns the King ; the Kinge, Disafforested,
said Cornub. (except CarybuUock and Warhom.)

" Concerning the true extent, it hath not byn
heretofore questioned, but that all Cornwall is
Stannarye, and yet it is not eassie to prove yt in
some p'tes thereof, as the Hundredds of Trigge and
Stratten, Tynn hath byn wrought."

if

it

APPENDIX E.

Extracted from a very old MS. Book in the Duchy

Office.

The JURISDICTION of the Stannaries hath many pri-
leges belonging unto it, some by prescription and
some by Charter.

" By prescription it hath, inter alia, —
. " First, Power in Chancerie to judge in equity.

" Secondly, Power of the Star Chamber to judge
and to punish Ryotts, Perjurers, &c.

** Thirdly, PoWer to hold a Parliament and to make
laws.

Fourthly, To hold Courts-Leet.
Fifthly, To muster Tinners.

" Sixthly, To pitch workes in other Men's Lands.

*' Seventhly, To hould Courts of Record for TryaB
0f Actions."

The present question is of the last only, which we
say is grounded upon custom, though it may seem to
be given by the Charter of 33d Edward I., and to be
expoundedby the statute of 50th Edward III. ; but the
Charter concluding' thiat clause with ''stent hactenus
consueverie* shows tfeat it was before by ew^^(&f/«.

{,'

APPENDIX. 135

Besides, if it were given by Charter, tlie king's
judges might have knowledjge of their proceedings,
and a writ of error might lie before them of judgments
given in those courts, which hath been solemnly ad-
udged otherwise, and therefore those courts stand not
y Charter, but by custom.

The Charter is granted *' Stannatoribus nostris,'^
which is noe person capable to receive but by pre-
scription.

" It graunts likewise the power claymed in the
sixth place above quod possint fodere in terns quo-
rumcumque. But if the prescription were not stronger
to mayntayne that power than the King's graunt it
would long e're this have become overthrown, and, as
in this so in the other of holding pleas, we say it is
founded upon custom, though allowed and confirmed
by the King's graunt."

But if this Charter of Edward I., and Statute of Ex-
planation of 50 Edward III., must needs be stood upon,
we ask what reason the adversaries of the Stannaries
can have to urge an interpretation now against the
usage never interrupted of almost 300 years, especially,
when the words of both do stand well with the practice ?
" The words of the Charter" (which it recites), for the
present controversies maybe divided into two branches.

In the ^r^^ is given a power of cognizance of pleas
or exemption in uiese words " sini Iweri^ — " ww res-
pondeant non recedantJ^^

In the second the power to hold pleas is allowed
and confirmed in these words, '^ teneat omnia placita^
&c., sunt consuetvd.f &c."

The MS. then recites the Exposition, 50 Edward
III., of the Charter of 33 Edward I.

** Soe that in the first article the persons who are to
take benefit of the privilege of cognizance of pleas and
exempcon not to be sued elsewhere are restrayned to
the ^ Stannat, operantes — laborantes — et dum oper*
ant^

*' The question then being, of whxU persons the
Stannary Court may hold pleas, and the Act of Parlia-

136 APPENDIX.

ment not restrayning it, nor mentioning it at all, we
are now to have recourse to the custom upon which
this power is grounded.

" By which we say that every one is reputed a
tynner, that is, either owner, bounder, espalier (id est)
laborer in the myne, or farmer of a tynner's worke,
customer, toller, buyer, of blacke tynne, blower of tynne,
or any other doing the charges or labours of or for tynne;
all which may be impleaded in the Stannary Courts.

*' We prove it also by a Charter of Pardon, granted,
23 Henry VII., to Robert Willoughby, Lord Brooke,
and divers others, to the number of forty esquires,
gentlemen, and merchants, calling themselves tinners,
bounders, otherwise called owners of tynne works, of
divers forfeetures, penalties, and matters touching
TYNNE, tynne works, and tynne courts."

The MS. then states the case of Trewynard, in
Star Chamber, and in Chancery, in the time
of Queen Elizabeth, whereby it was ordered,
that no writ of error or false judgment be sued
out of the King's Court or Common Pleas, to
reverse any judgment given in the Stannaries.

'•The like between John fcUigrewe, Esquire, and
Martin Trewynard, for a judgment in the Stannary
Court, upon a tythe of tynne worke.

" Anno 35. in the Star Chamber, between Trissett
and Richard, the cause was dismissed as belonging to
the Stannaries.

" Anno 37 Elizabeth. At the Counsell table, upon
an appeal by Courtenay against Arundell, touching a
decree made by the Warden, for the right of a tynne
worke, it was dismissed.

" And there was infinite number of precedents in the
Rolls of the Stannary Courts that prove this practice,
as namely, of actions commenced there by the Earl of
Devon, a^inst a knight first, a parson second, against
a vicar, tnird; knights against esquires, gentlemen,
clerks, and esquires against esquires, gentlemen, clerks>
et e contra women, and executors against women and
executors, and clerks against clerks.

APPENDIX. 137

, *' All wliich were tynners by ownership and interest,
and setiinff others on work ; but themselves cannot be
understood to be labourers.

'' Furthermore, though we alledge that this privi-
ledge is grounded only on custom^ yet we add, that it
is allowed and confirmed by Charter, the words whereof
well weighed make for it, as we have showed in the
second article of our clayms, which we have delivered
to the adverse parties.

" It rests yet that something be said of the place
where these causes are to rise, which may be deter-
mined in the Stannary Courts, wherein we put this
difference.

'^ Of causes arising between tynners themselves.

^' And of causes arising between a tyimer and a
foreigner.

" If both parties be tynners, though the contract were
made at London or at York, it is determinable in the
Stannary Court ; but if the one party be a tynner and
the other a fforeigner, then it is constrayned to arise
' in locis ubi operantur,^

** This we prove, —

" The Charter itself doth approve of this difference
in making the clause of tenere placita double.

" First, ' tenere omnia placita inter Stannatores
prtedictos emergentia,* which is general.

" Secondly, ' et eliam inter ipsos et forinsecos de
omnibus contractibus factis in locis in quibus operanter
in Stannariis prced, similiter emergentia,^ which is
restrayned.

^' And that there are two distinct limitations : the
words ' et etiam,' in the beginning of the second clause,
distinguishing it from the former; and the words
' similiter emergentia,^ in the end, and the participle
emergentia being referred to * placita,' in the former
branch, make it plain.

The Act of Parliament leans also to this difference,
expounding the second part of it, but not meddling
wim the first.

" By this Act there is no restraint nor question of

138 APPENDIX,:

causes arising between tynner and iynner, but betwisen
tynners and foreigners they are limited to the places
where they worke.

" Yet now farre those places shall be said to ex-
tend, wee refer ourseltes to the third article of our
claymes delivered to the other parties.

'' Upon which wee all conclude, that neither the
Charter nor exposition of it by Parliament, doth re-
strain any priviledge to the working tynater only but
that of cognizance of pleas of exemption from the
King's Court.

" That all tynners generally may implead one
another in the Stannary Court for all causes arising
wheresoever, except for land, Ufe, or member.

" Lastly, that a tynner may implead a foreigner,^/ e
contra, in those courts, for all causes excepting the three
before mentioped, so that they doe arise within the
limits of the Sicmnary jiuisdiction.

*' And, according to this Exposition, hath always
runne justifiable, as wee take it, both by the Charter
and Statute of Explanation."

APPENDIX F.

Extract from the Chapter of Pardon, of 23 of

Henry VII.

" And further of our more abundant grace we have
granted, and by these p'esents do grant, K>r us and our
heirs, to the said Robert John, &c., and every of them,
tinners or workers of black and white tin, buyers of
sellers of white or bldck tin, blowers or makers, or
workers of white tin from their own proper black tin,
owners of blowing-houses of black and white tin, and
whomsoever other owners or proprietors of tin works or
tin work, and to whomsoever other person or persons
whatsoever, intermeddling with any black or white tin
in the said county of Cornwall, that no statutes, acts,

APPENDIX. 139

ordinancies^ provisions, restrictions^ or proclamations
hereafter issuing, shall be made within the county
aforesaid, nor without in prejudice or exoneration of
the same tinners, workers of black and white tik, and
whatsoever others, buyers or sellers of tin works or tin
work, or any persons or any person in whatever way
intermeddling with any black or white tin in the county
aforesaid, their and every of their heirs or successors,
unless previously to this there shall be called twenty-
four good and lawful men from the four Stannaries
within the county of Cornwall^ viz.^ six men of every
Stannary in the county aforesaid, to be chosen and
named from time to time when this case shall require,
in the form following (that is to say), by the Mayor
of the borough of Truro, and the Council of the said
borough, six good and lawful men of the Stannary of
Tywarnhale ; by the Mayor of the borough of Lost-
wiTHiEL, and the Council of the said boroug^^ six good
and lawM men of the Stannary of Blackmore ; by the
Mayor of the borough of LAUNCESTON>and the Council
of the said borough, six good and lawful men of the
Stannary of Fowymore ; and by the Mayor of the
borough of Helston in Kbrrier, and the Council of the
said borough, six good and lawful men of the Stannary
of Penwith and Kerrier ; whensoever, as often as, and
wheresoever, any statutes, ordinancies, providons, or
proclamations shall be made by us or our Council^ or
by our heirs or successors, or by the Prince of Wales,
Duke of Cornwall, by his Council, or by the Council
of any of them, by his command ; so that no statute,
ordinance, provision, or proclamation hereafter to be
made by us, our heirs and successors, or by the said
Prince of Wales, Duke of Cornwall for the time
being, or by oyr Council, or the Council of our said heirs
or sucQes^ors, or of the said Prince, may be made un-
less by the assent and consent of the aforesaid twenty-
four men so chosen and named by the said Mayor and
Council of the same boroughs.''

140 APPENDIX.

APPENDIX G.

Extracted from my Lord Coke's 4th Institute.

*' In Cancellaria apud Westm. coram Nicho. Bacon^
milite custod. marai sigilli Angliae pro Stannatoribus
die Veneris, viz., 14 die Novembris, anno regni Eliza-
bethse reginae quarto. Inter Martinum Trewynarde
quer. in cur. Stannar. com Comub. et Johannem Killi-
gien et Georgium Trewynan defend.

'* When, tne 14th day of October last past, the mat-
ter in question, touching the allowing or disallowing of
writs of error, as well between the parties aforesaid,
as also for and concerning all other writs of error
touching all causes determinable in the Stannary Court
in Cornwall, was, by the order of the Lord Keeper of
the Great Seal of England, committed to the hearing
and examination of Sir William Cordel, Knight, Mas-
ter of the Rolls, and Sir James Dier, Knight, Chief
Justice of the Common Pleas, and Justice Weston, to
the mtent, upon the due consideration of the cause, they
should make report unto the said Lord Keeper of
their opinions and proceedings therein as in their
judgments should seem most agreeable to justice and
equity, who, having accordingly travailed diligently for
the understanding of the truth of the premises, upon
the deliberate hearing and examining of the cause in
the presence of the counsel learned of both sides, and
upon the perusing and consideration of the ancient pre-
scriptions, customs, liberties, and charters, exhibited by
the said parties, concerning the premises, have this day
made their report unto the said Lord Keeper as fol-
loweth, that is to say, * that forasmuch as the said Plain-
tiff could not nor did not show forth any record or
precedent whereby any judgments or executions here-
tofore passed in any of the said Stannary Courts have
been reversed by writ of error in any of the Queen's
Majesty's Courts of her Bench or Common Pleas ; and
for that it appeareth unto them that divers and sundiy
inconveniences were likely to ensue by allowing of such

APPENDIX. 141

writs of error ; and upon other causes and con'sons
them especially moving ; they in their opinions think it
not meet nor convenient that any writs of error should
pass or be suffered in such case to reverse any of the
judgments or executions.' — Upon which report made,
it is this day ordered by the said Lord Keeper of the
Great Seal, that the order heretofore taken the 15th
of June last past, made against the Lord Warden o[
the Stannaries aforesaid, his officers and others men-
tioned in the same, concerning the not allowing or not
executing of any writ or writs of error, and all and
singular the contempts contained in the same order,
supposed by them to be committed concerning the not
allowing or not executing of any writ or writs of error,
as is aforesaid, shall be clearly frustrated and void,
and they and every of them clearly released and dis-
charged, any thing in the same order to the contrary
notwithstanding; and that the said Defendants and
every of them shall be at their liberty to take their
advantage against the said Plaintiff for their execu-
tions, had or to be had in any of the said Stannary
Courts, according to the custom of the same courts,
without let or impeachment of any writ or writs of error
or of false judgment, sued or to be sued in any of the
said Courts of the King's Bench or Common Pleas ;
and that from henceforth no writ or writs of error or
false judgment be hereafter sued in any of the said
Courts of the King's Bench or Common Pleas, to re-
verse any judgment or judgments in any of the said
Courts of Stannaries heretofore given, until, upon ftir*
ther consideration of the ancient grants and liberties
of the said Courts of Stannaries, or upon some other
sufficient cause or matter, it shall be otherwise ordered
and determined by this Court of the Chancery.

'^ In camella ate^lata apud Westm. coram concilico
ibidem die Mercurii, viz., 29 die Novemb. anno regni
dnse Eliz., Dei Gratia reginse Anglise Francise et Hiber*
ni», fidei defensor, &c., Septimo, 1 564.

" Where a matter in variance hath been heretofore
moved and depending in this honourable court, be-
tween Martin Trewynard, Plaintiff, and John Rashar-

142 APPENDIX.

wk, William Gilbert^ John Killigrew the younger,
James Drewe, and other Defendants, by two several
bills exhibited into this court, whereof the last bill
contained no other matters of effect, being not men-
tioned in the first bill, other than the taking of certain
*' cattell" of the said complainant and others; and
where also it appeareth this present day, that the taking
of the said cattell was by certain of the said Defend-
ants, lawfiiUy authorized for that purpose by the
Steward of the Stannary Courts of Penwith, ^nd car-
ried into the county of Cornwall, for an execution upon
a condemnation by judgment had in the said court,
against the said Plaintiff, touching which condemna-
tion the said complainant hath complained as well in
the Court of Chancery by bill, and in the King's
Bench by writ of error, as also in his court, as ap-
peareth in the first of the said two bills here depend-
ing, meaning by some of these ways to call in question
the validity of the said judgment, and was out of the
said several courts, by order, discharged and dis-
missed, referring the proceeding upon the said judg-
ment to the order of the said Stannary Court, accord-
ing to divers ordinances by divers ancient charters,
customs, and liberties belonging to the Stannary, rati-
fied by Act of Parliament. And where it doth also
appear that the taking of the said cattell, whereupon
the said last bill in this court is exhibited, was only
for the execution of the said recovery ; and where also
it doth further appear, that by the laws and ordi-
nances of the said Stannary, if any such cause of com-
plaint be ministered, the same is to be redressed by
appellation in several degrees, viz., first to the Steward
of the Stannary Court where the matter lieth, then to the
Under- Warden of the Stannaries, and from him to the
Lord Warden of the same StannariA, and, for default
of justiceat his hands, to the Prince's Privy Council,
and not examinable either here in this court, or in any
other court ; it is, therefore, this present day ordered,
that the said several bills of complaints, cuid the said
Defendants named in thq samoy with all the causes
therein mentioned, be forthwith dbmissed out of this

APPENDIX. 143

court, to be determined according to the said laws
and ordinances in the said Stannary^ and not else-
where.

APPENDIX H.

A REPRESENTA^TION TO THE EARL OF PEMBROKE (THE
LORD warden) concerning THE PETITION OF THE
TINNERS THEIR PETITION HIS LORDSHIP's LET-
TERS TO THE JUDGES^ A.D. 1605 — HIS MEMORIAL TO
THE PRIVY COUNCIL — AND REFERENCE BY THE KING
TO THE TWO LORDS CHIEF JUSTICES, A.D. 1606.

A Representation to the Lord Warden of the
oppressions of the Tinners.

** Your Lordship was scarcely settled in the office of
Lord Warden of the Stannaries^ when the jurisdiction
of those courts began to be called in question, partly
through the misgovemment of some former under-
officers, but chiefly through the malice and covetous-
ness of the attorneys at the Common Law dwelling in
those countries ; who, observing the inclination of the
Judges (now, more than in former ages, bent against
all private jurisdictions), thought to make their gain
by overthrowing those courts, and bringing all causes
accustomed to be determined there now to be tried at
Westminsterl

" The first notice that your Lordship received thereof
was by the petitions of the parties grieved, some by
prohibitions, some by actions, either of trespass, of false
imprisonment, as it pleased your Lordship to write
letters to the Judges.*'

A Petition of the whole body of Tinners to the

Lord Warden.

" To the Right Honourable William, Earl of Pern-
broke. Knight of the njost Noble Order of the
Garter, and Lord Warden of the Stannaries.

" In all humility beseeching your Lordship, the tin-
ners of the county of Cornwall, that whereas, accord-

144 APPENDIX.

ing to 'our ancient customs, privileges, Sind charters,
granted unto us by His Majesty's noble progenitors,
and hath hitherto enjoyed without impeachment, your
Lordship, and your noble predecessors, Wardens of the
Stannaries in the said county, and their deputies, have
used to hold plea between tinner and tinner, and tin-
ner and foreigner, in the Stannary Court, and in no
other court, of all matters arising within the jurisdic-
tion of the said Stannaries (pleas of land, life, and
maim only excepted). And whereas, by the said cus-
toms, liberties, and charters, no tinner should be con-
vented> served, or compelled to answer for any cause
(land, life, and maim only excepted) before any other
judge, officer, or magistrate, but only before the Lord
Warden, or his deputy (except it were by course of
appeal from the Lord Warden to the Privy Council),
which our liberties, privileges, and customs having been
heretofore, at sundry times, controversed before the
Lords of the Star Chamber, in the High Court of
Chancery, in the King's Bench, and Court of Common
Pleas, have received allowance in all the said courts,
and the causes brought before them have accordingly
been dismissed, to be considered of and determined by
the Lord Wardens for the time being. And whereas
also the late Queen Elizabeth, by her letters directed
to the Justices of Assize of the counties of Devon and
Cornwall, was graciously pleased to will and command
all judges, justices, and other officers whatsoever, for
the cause before mentioned, not to precept or compel
any officer or bailiff of the Stannaries, or any tinner,
to answer for any cause or abuse arising within the
said Stannaries, and determinable there ; but that the
government, judgment, and correction of all and sin-
gular such cases and matters, should from thenceforth
be permitted and suffered to have their passage before
the officers of the Stannaries, and for default of justice
at their hands, by appeal to the Warden, and from
him to the Privy Council, as in former times had been
used, as by the said letters it may appear. All which,
notwithstanding, divers foreigners have lately sued and
arrested some of us tinners, and the officers of the Stan-

APPENDIX. 145

nary Courts, with writs of false imprisonment for ex^
cuting of Stannary process, and for suing them in the
Stannary Courts for causes determinable there> and
stick not to threaten the same to your Lordship's
deputy in the said courts ; yea, and divers tinners also,
set on and encouraged thereunto by the malicious and
covetous humours of attorneys at the Common Law,
have not feared to violate the laws and customs of the
Stannaries for appeals to be made to your Lordship ;
and (which hath not been heard of in our courts before
this time) have procured out of divers courts at West*
minster prohibitions to stay the wonted and due pro*
ceedings of the Stannary Courts ; yea, and to deliver
parties in execution out of prison, which, because tlie
Vice-Warden and Steward would not obey, they are
threatened with attachments, which they daily expect
to be served on them ; yea, and some attorneys at the
Common Law have incited divers men to call in ques-
tion judgments long since given and past, affirming,
that the Judges are of opinion that all such are void,
and coram non Judice, unless they be for tin or tin
causes, or between working tinners only (who are, in
number and degree, the least and meanest part of us,
and for the most part are foreigners, and hired to work
in our tin works for day's wages), who if they only
shall be privileged, then shall the whole body of the
Stannaries be barred and excluded from their ancient
privileges, liberties, and customs, formerly used and
enjoyed, and we (who do only bear the charge and the
adventure of the workmen's uncertain ana doubtful
labours) shall not only be discouraged from the hazard-
ous search of tin, but shall be forced to leave our works
and labours, by coming up to London to answer frivo-
lous matters, when we may have justice at home, whereby
many of us wiU be utterly undone. His Majesty's custom
and pre-emption decayed, and in a short time little or
nothing worth.

*'Our humble suit, therefore, unto your Lordship is,
that, as your Lordship hath already begun to protect
our privileges and liberties, by punishing one offender
against the same, to the terror of others, who are mainly

146 APPENDIX.

bent and risen against us (for which, your Lorddkip's
care and providence in our behalf, we hiunbly thank
your Lordship), so your Lordship, following your ho-
nourable course begun, and the worthy steps of your
noble predecessors, would be pleased to undertake our
cause, and to procured to us the quiet enjoyment and
maintenance of our wonted customs, liberties, and juris-
dictions, by such means and courses as to your Lord-
ship in wisdom shall seem meet and expedient ; wherein
we are enforced to be humble petitioners unto your
Lordship, praying God to send your Lordship happy
success therein, and long continuance in all prosperity
and honour."

Lord Pembroke's Letter to the Judges.

Lord Pem-

^"*K*'*if***' "To my honoured Friends, the Justices of the

to the Judges. ^^^ of Common Pleas, and to every of them.

"After my hearty commendations, I receive daily
complaints from the poor tin workers in Devon and in
Cornwall that, contrary to their liberties long enjoyed,
they are vexed with process for tin causes in other
courts, and not least in that honourable place where you
are Judges. For my part, I have no ambition to extend
the Stannary jurisdiction to farther limits than
former ages have prescribed ; and, on the other side, I
may not permit that authority to be impeached under
me which other Wardens have lawfiilly maintained.
Wherefore I am to entreat you, that either upon motion
you will be pleased to dismiss the said tin suits, which
1 am told was the usual remedy, or, if you desire far-
ther satisfaction, that then you will at least stay all
proceedings until both His Majesty's and the Prince's
counsel may be instructed, whom, for that cause, I shall
procure to attend' your Lordships; but my hope is,
that you will spare both the poor men's expenses and
my unnecessary trouble, which I will deserve by due
regard of you, and rest ever,

*' Your affectionate friend to command,

(Signed) '' Pembroke.

« February 12, 1605."

APPENDIX. 147

The like letters were directed from your Liordship
to the Justices of the King*s Bench, but neither
effected any thing ; the suits still multiplied against
the tinners and officers of the StannarieSy and. their
complaints multiplied as fast unto your Lordship, of
their wrong and overthrow of their privileges> as
appeareth by their petition.

This petition of the tinners, it pleased your Lord-
ship to send to the Lords of His Majesty's Privy
Council, desiring their Lordships, by your letters, to
take some course therein, because by these proceed «
ings against the Stannaries their authority seemed
to be no less infringed than your Lordship's. The
copies of which letters follow : —

'* May it please your Lordships to understand, that Lord iVm-
whereas, amongst other privileges and immunities broke'a Letter
granted by His Majesty's noble progenitors unto Council."^
the tinners of the Stannaries of the counties of
Cornwall and Devon, and by His Majesty's letters
unto me (whom it pleased His Majesty to make thdr
Warden), expressly required to put in execution^
one of the chiefest is, that they shall hold plea
amongst themselves of all causes (some few excepted)
arising between tinner and tinner, or between tinner
and foreigner, and that they shall not be impleaded
elsewhere, or be subject to answer for any cause,
abuse, or misdemeanor, arising or growing within the
Stannaries, before any officer or judge, saving their
Warden only, or his deputies, and for default of
justice at their hands, by appeal before your Lord-
ships ; which form of proceeding hath been hitherto
(although not without often opposition) inviolably
observed. Now, of late, divers attorneys at the Com-
mon Law, and some others maliciously affected to
that jurisdiction, haye incited such as have bpen con-
demned in the Stannary Courts to sue unto my Lords
the Judges, who, as it should seem, taking no notice
of such JURISDICTION, have suffered process to go out
against divers tinners and Stannary officers, eompel-
lin£f them to answer before them in actions of &lse

148 APPENDIX.

knpnsotiment^ for executing only the ordinary pro*
eess of the Stannwry Courts^ and have sent likewise
unto me many prohibitions (upon the only informa-
tions of the parties)^ commanding me to make voi4
judgments and executions already granted, and to
set the parties and their sureties at Uberty. My care
to observe His Majesty's commandment, in this case ;
to maintain the authority of your Lordships, no less
impeached than mine ; to satisfy the tinners, whose
overthrow and confusion this course carries with it
(as by their petition at large your Lordships may be
fiiUy advised) ; lastly, to secure myself and all other
Stannary officers from the peril to be made examples
of oppression, for executing only that which many
hundreds of years have construed for law and justice,
make me become a humble suitor to your Lord-
ships, that you will be pleased to take this whole
cause into your consideration and protection.

It is not the first time that the poor tinners have in
this very point been relieved by that honourable
table ; and my hope is, my Lords the Judges will not
now begin to make new constructions pf things or
names ; but if I only do what hath been done in all
ages before me, I shall, by their good favour, be left
free from that interruption whereof till this day
there is no precedent. But I refer the whole to your
Lordships' high wisdom, and humbly take leave^ at
my house at Baynard Castle, this 2d of February,
1606.

'* Your Lordships' humbly, at command,

(Signed) ^' Pembroke.'*

Prowedings of The LoRDS of His Majesty's Privy Council, im-
CounciUnd of mediately upon the receipt of these letters, informed
His Majesty. His Majesty of this difference ; who, conceiving how
inconvenient it was for the subject while courts did
strive for jurisdiction, gave present commandment,
that no prohibitions should be henceforth awarded
into the Stannaries, nor that, on the other side, there
shall be no just cause given; and fiirther gave orders
that the two Lord Chief Justices should be informed

appendix; 149

by His Majesty^s learned counsel, and the learned
counsel of the rrince, of the points in question con-
cerning that JURISDICTION, whereof they should report
unto His Majesty their opinions; which done^ His
Majesty would set down a final order for the deciding
of the cause in question. This was signified unto
the two Lord Chief Justices by His Majesty's letter
under the Privy Signet

APPENDIX L

Jurisdiction and Case of the Stannaries, extracted
from an old MS. book in the Duchy Ofiice.

*' By a petition of William, Earl of Pembroke,
Lord Warden of the Stannaries, to assert the juris-
diction of the Stannaries^ the Judges appointed that
either party should give into the otner their demands
in writing.

'* The points desired by the Lord Warden, —
" L That the cognizance of pleas granted by the
words ' Stannatores operantes' be declared to extend
not only to the diggers of mines, but likewise to all
mechanical persons who are employed in labour of
land for the bringing of tin to perfection, as he that
digs turf, he that diverts the water, he that blows
the tin, in the refining of it.

*' 1. The jurisdiction is founded upon, customs as
well as Charter ; and the customs have run ac-
cording to this claim.
** 2. The words of the Charter are, ' operantes in

Stannariisy and not * operantes in mineriis.*
^' 3. The reason is one, for if the workman be
drawn up the work <;easeth.
" n. That the ' tenere placita* be declared to
extend as well to the owners, farmers, and contrac-
tors of tin, as to the labourers and mechanical per-
sons.

" 1. The customs and precedents run constantly
for this claim ; for there are multitudes of pre-
cedents in all times, of knights, priests, women.

150 APPENDIX.

that have sued, and been sued in that court'
which could not be working tinners,
" 2. The words of the Charter, well weighed, make
for the exposition ; for the words are not ^ Stan-
natores operantes,^ as in the former clause, but
* Stannatores prcedicta* which may refer to the
tinner in general, mentioned in the beginning of
the Charter, as well as tp the tinnier spoken of in
the immediate clause.
" 3. This exposition appeareth most manifestly in
three other clauses in the said Charter. The one,
' quod Stannatores predicti possunt emere buS'
cam ; ' the 2d, that ' medietas Juratorum sit de
Stannatoribus prcedictis ; * the 3d, the appoint-
ment of the towns where * Stannatores preed.*
shall weigh and buy the tin ; none of which can
possibly be referred to the workin g tinner.
•* III. That the place, upon the words * iri/ra Stan-
narias nostra^,* be declared to extend to the divisions
of every Stannary Court respectively, and not to the
place of the work only.

1 . In this also the custom proveth the claim.

2. It can have no certainty, nor scarcely sense, to
say, it should be the mine or pits, where do sel-
dom any contract.

"3. It may be inferred, by the clause of pre-
emption, that contracts made in those towns are
properly determinable in the Stannary Court.
"4. The places of work are divers and distant ; the

mine, the forge, &c.
" 5. The usual nature of privileges— -never tied to the
place of privilege, as, of a clerk in any court, the
privilege is not only for cause of suit growing in
the precinct of this court, but the reason of law
is the necessity of attendance wheresoever the
cause should arise which should call him away.
" IV. That the matters of plea to be determined in
that court be declared to comprehend all manner of
suits, where one of the parties is a tinner, except the ■
pleas in the Charter excepted, that is, of land, life, and
member.

APPENDIX. 151

** 1. Customs as in the rest.

*" 2. The Charter never mentioneth the matter

alone^ but with the person on the place.
'' 3. The exception of causes of Iand> life^ and mem«
ber^ shows plainly that all other suits personal^
or the like> are comprised.
** 4. The clause which appointeth that causes triable
in the body of the county, where one party is a
tinner, should have a jury of a moiety tinnersy
showeth the person to be respected, and not the
matter.
** V. That it be declared, that no writ of error lie of
the judgments, because they proceed in a course, diverse
from the course of law, groundied upon customs.

" 1. The JURISDICTION hath been affirmed by de-
crees and orders in Star Chamber and Chancery,
which direct the appeal from the Steward to
lie to the Warden, and from the Warden to
the Prince's council.
" 2. If errors should lie all would be erroneous,
because the proceedings differ wholly from course
of law at Westminster.
"That although it is to be hoped, that the resolving
of these points will settle things, and discourage those
that are contentious, nevertheless, it would please
the Judges, for an establishment of further quiet, to
advise of such a course as to their wisdom shall seem
good, for the restraining of multitude of actions of
false imprisonment, prohibitions, habeas corpus upon
surmise, the rather because the persons are many
times poor, and the pleading long and of great
charge; for they must plead the Charter, the Lord
Warden's patent, all the proceedings in Stannary
Steward's patent, and the special matter of jurisdic-
tion of the Stannaries,

" These demands being drawn by Sir Francis Bacon,
His* Majesty's Solicitor-General, and signed by him
and Mr. Stephens, the Prince's attorney, were
delivered to the counsel of the other side; but from
them nothing was delivered under any counsellor's
hand. The reason (as I think) was because th6

1S2 APPENDIX.

counsel themselves were satisfied upon the former
bearings; for they were afterwards constrained, at
every hearing, to bring new counsel; yet, somewhat
before the last hearing was brought unto Mr. Eveleigh,
Steward of the Stannaries in Devon, by Foster,
a copy of the Writ de Audiendo et Determinando of
50 Edw. III., whereupon the Charter is at lai^ re-
peated, with long tedious annotations of their own
conceits.

*' And now, the cause having depended long^ and the
Judges often solicited for a day of hearing, which,
first, the Lord Chief Justice Popham's death, and,
after, the great cause of the postnati, did enforce th^n
to put ojQT, was at last appointed on 26th November,
1608, in Serjeant's-Inn.

" Sir John Doderidge, the King's x

Serjeant; Sir Francis Bacon, I for the Lord

the King's Solicitor ; and Mr. | Warden.

Stephens, the Princess Attorney ^

" Mr. George Crookk, and *1 f- ,4,v,^^^u««„
Mr. Yelverton. j-fortheothere.

** The points desired by the Lord Warden for settling
of the jurisdiction were read articulatim ; whereof the
first was agreed unto by a general consent ; but the
second was denied by Mr. Yelverton; and because,
my author says, that some of his objections being not
mentioned before in the Breviates, he therefore nere
mentions them :•—

** 1. The keeping a Court of Chancery in the Stan-
naries ; which power is not granted them.

*^ To which my Lord Coke answered, ' that at this
day a Court of Chancery could not be erected but by
Act of Parliament ; but by prescription they may have
a Court of Chancery, for so has Chester.

'* 2. That they used to appeal in equity after judge
ment, which he said was against the law.

" To the which my Lord Coke answered, ' that if
their custom was such they might do so; for,' said
he, ' do they not do so here in London before the Lord
Mayor in the hustings.'

APPEHBIX. 158

^ 3. Hiat they extended that JURismcTiON further
than they ought to do.

^* To whieh my Lord Coke answered^ ' that he muat
ask the other side how far the jurisdiction does
extend ; for we cannot abridge or enlarge them.'

'^ And now, the day being far spent^ it pleased my
Lord Ck)Ku to make an offer, that himself would collect
the chief points that had been controyerted, and there-
unto would set down the resolution of the Judges;
which his Lordship did that nighty and the day follow-
ing, at dinner, showed it to the rest of the Judges ;
amongst whom it went from hand to hand, till all
liad viewed and consented unto it. My Lord Chief
Justice first signed it, and after his Lordship, who
then sent it to the Lord Warden.

'' The Resolution, 26th Nov. 1608.— FiVfe 4 InsL 231.

j-*« ] . We are of opinion, that as well blowers as all
other labourers and workers, without fraud or covin, in
or about the Stannaries in Cornwall and Devon, are
to have the privilege of the Stannaries during the
time which they do work there.

'^ 2. That all matters and things concerning the Stan-
naries, or depending upon the same, are to be heard
and determined in those courts^ according to the cum-
toms of the same, time out of mind op man used.

*^ 3. That all transitory actions between tynner and
tynner, or worker and worker (though' the cause be
collateral, and not pertaining to the Stannary) may be
heard and determined within the courts of the Stem-
nary, according to the custom of the said courts, albeit
the cause of action did arise in any place out of the
Stannaries ; or may be sued at the Common Law, at
election of the plaintiff. But if the one party be
only a tinner or worker, and the cause of action,
being transitory, and collateral to the Stannary, do
rise out of the said Stannaries, then the defendant
may, by the custom and usage of those courts,
plead to the jurisdiction of the court, that the cause
of action did arise out of the Stannaries, and the juris*

154 APPENDIX.

DICTION of those couns, whioh^ by the custom of the
court, he ought to plead in proper person^ upon oathi
And if such plea to the jurisdiction be not allowed,
then a prohibition, in that case, is to be granted ; and
if, in that case, the defendant do come to plead to
the JURISDICTION of the court, upon his oath, he ought
not to be arrested, eundo^ redeundo, vel mcrando, at
the suit of any subject, in any corporation or other
place where the said courts of the said Stannary shall
be then holden.

" 4. If the defendant may plead to the jurisdic-
tion of the court, in the case before mentioned, and
will not, but plead, and admit the jurisdiction of
the court, and judgment is given, and the body of
the defendant taken in execution, the party cannot*
by law have any action of false imprisonment, but the
execution is good by the custom of the court. But
if, in that case, it doth appear by the plaintiff's own
showing, that the contract, or cause of action was
made, or did arise out of the Stannaries and the
jurisdiction of those courts, or if it appeared, by the
condition of the bond whereupon the action is
grounded, that the condition was to be performed in
any place out of the jurisdiction of those courts, then
all the proceedings in such cases, upon such matter
apparent, are coram nan Judice.

" 5. We are of opinion, that no man ought to demur
in that court for want of form, but only for substance
of matter ; as, if an action be brought there for words
which will bear no action, or an action of debt upon
a contract against executor or administrator, or such
like, in such cases a demurrer may be upon the
matter; and that the proceedings there must be

ACCORDING TO THE CUSTOM OF THOSE COURTS, USED

TIME OUT OF MIND OF MAN ; foj that no writ of error
doth lye upon any judgment given there, but the re-
medy given to the parties grieved is by appeal, as

HATH BEEN TIME OUT OF MIND OF MAN ACCUSTOMED.

" 6. That the courts of the Stannaries have not any
JURISDICTION for any cause of action that is local
arising out of the Stannary.

APPENDIX. 155

" 7, That the privilege of the workers in the Stan^
naries do not extend to any such cause of action that
is heed .arising out of the Stannaries, whereby any
freehold shall be demanded; for that matters of life,
member, and plea of land, are exempted by express
words in their Charters, and no man can be exempt
from justice.

" Thomas Pleminge, Edward Coke, Inrol. in
dorso claus. cancellad. Dni Rs. Jac. 24 die
Januariis, Anno Regni sui Ang. Sexto. —
^ Johem Torr."

APPENDIX K.

Resolutions of all the Judges on the Stannary Juris-
diction, November 14, 1627.

*'Apud Serjeant's Inn, in Fleet Street, 14th No-
vember, Anno Regni Car. I., 1627.

'^ Whereas, since a Resolution heretofore m^de by all
the Judges, upon 26th November, 6 Jacobi, concerning
the Stannaries in Devon and Cornwall, which Reso-
lution is enrolled in the Chancery, some differences have
grown and arisen about the true intent and meaning of
some of the articles in the said Resolution, by the misin-
terpretation .whereof, and by enlarging the said Resolu-
tion in some parts, contrary to the express words (hereof,
and by some miscarriage of some of the under-officers
there, and likewise of the bailiffs, great grievances and
vexations had of late happened and appeared to the
inhabitants of the county :

'* And whereas the Right Honourable William, Earl
of Pembroke, Lord Steward of the King's household.
Lord Warden of the Stannaries, &c., hath referred the
explanation of the said Resolution to all His Majesty's
Judges :

"We having perused the said Resolution, and having
heard the counsel learned on both sides, and having

156 APPENDIX.

also heard His Majesty's Attorney-General, do explain
the first article of the said Resolution in this manner
following, that is to say, — ^That as well blowers as all
other labourers and workers, without fraud or covin, in
or about the Stannaries, are to be taken for such tinners
as are to have the privileges to sue and to be sued in
the courts of the Stannaries, during the time that they
work there, and not longer, and no other tinners what-
soever; for although many persons may be styled tin-
ners, as the jurates of the several Stannary Cou];ts,
owners, adventurers, undertakers in tin mimes, or such
like, yet, nevertheless, the tinners which are to have the
privileges only to sue and to be sued in the courts of
the Stannaries, and not elsewhere, are such tinners as
are the blowers, and all other labourers and workers of
said works, whose personal attendance is necessary to
be employed in the said tin works during the time
they work and attend there, and not longer, and no
other times whatsoever ; which doth appear so to be by
former resolutions in Parliament, as well the 50th and
51st of Edward III., when Richard, then Prince and
Duke of Cornwall, interceded, as also in the 8th year
of the said Richard, when he was King, which was
finally resolved accordingly.

** And, touching the third article, which doth concern
the extent of the Stannaries, we are of opinion, that
every village, tything, or hamlet, and all lands, tene-
ments, commons, moors, wastes, and grounds, within
any of the said villages^ tythings, or hamlets, wherein
any such tin work now is, or at any time hereafter shall
be settled, found, and wrought, shall be taken and be
accounted to be within the Stannaries, during the con-
tinuance of any such work only, and no longer, and no
other place, wnich also is confirmed by 8 Richard II.

** And we, having perused all the rest of the articles
of the said Resolution, are of opinion, that they are to
be pursued and followed in all things ; and that if these
explanations shall not be pursued nereafter, that then
all the proceedings in the Stannary Courts, contrary to
these explanations, shall be void and coram nan Judice,
in such sort as other things in the said articles are ap-

APPENDIX. 157

«

pointed to be when they are not pursmed^ and that the
parties grieved therein may take their remedy at the
Common Law, and that prohibitions and habeas corpus
may be granted in these cases respectively, when any
such case shall happen.

" Nicholas Htde. " John Walter.

** John Dynham. " William Jones.

" Francis Harvey. " Henry Yelverton.

" Thos. Richardson. ** John Dodridoe.

"Richard Hutton. " James Whitelockb.

** George Crooke. *• Thomas Trevor."

For a further determination hereon see MS. Re-
portSy vol. xix., where are contained all that is printed
in Co. 12, Rep. p. 9, 10, II, of the Stannariesj as like-
wise the Resolution of the Judges thereon^ 154 b, 155^
156, 157.

Vide 4 Inst. 232, and Prynne on 4th Inst., where he
gives an account of the records relating to tin.

APPENDIX L.

The Jurisdiction of the Stannaries.

Extracts from the Records of the Privy Council^

January 30, 1632.

" On the petition of the Earl of Pembroke, after a
long hearing and debate before the King in Council,
it was ordered that the Judges should search out and
peruse such statutes and other records as might concern
that business of the clearing of the jurisdiction of the
said Stannaries, and that, by the 18th of February,
they should attend His Msyesty, and make report of
the state of the cause, to the end that His Majesty
may thereupon settle such a final conclusion therein as
in his princely wisdom shall be fit

158 APPENDIX.

" At Whytehali; the 18th of February, 1632,

Present : —

" Lo. Keeper. " Lo. V. Wimbledon.

" Lo. Archbp. of York. " Lo. V. Wentworth.

" Lo. Trear. *' Lo. V. Falkland-

*' Lo. Privy Seale: '' Lo. Bp. of London.

" Ea. Marshall. '' Lo. Cottington.

'' Lo. Chamberlatne. " Lo. Newburgh.

'' Ea. of Dorset. " Mr. Treak.

•^ Ea. of Carlisle. " Mr. Comptroller.

*' Ea. of Holland. ^' Mr. V.-Chambline.

" Ea. of Danby. " Mr, Secy. Coke.

" Lo. Chan, of Scot. '* Mr. Secretary Win-
" Ea. op Morton. dbbanck.

»>

the Stannaries.

Concerning the ^' This day, His Majestie being present in oouncill,
Ju'*>«J*»ction of certaine articles and proposicons concerning the jurfs-
. DICTION of the Stannaries^ produced by His Majestie's

Attorney-Generall, were reiid and approved of by the
Board ; only some fewe particulars, thought fitt to be
added, were by His Majestie recommended to his said
Attorney-Generall, who is likewise required to cause
a faire transcript thereof to be signed by the Judges,
before they goe their circuit, and to retoume the same
to this Board, to the end it may be kept in the coun-
cill cheste.

'*The rules following, to be observed in His Ma-
jestie's Courts at Westminster and his Court of the
Stannaries, were agreed of before the Board, His Ma-
jestie being present in councill, and afterwards sub-
signed by the Lord Warden of the Stannaries, and all
the Judges of His Majestie's said Courts at West-
minster, and his Attorney-Generall ; and the transcript
thereof ordered to be entered into the Register of counr
dll causes, and the original to remayne in the councill
chest

^' The workers aboutthe tynne, whether in myne or
streame, the carryer, washer, and blower of tynne, and
the necessary attendants about the works, have privi-
lege that they ought not to be sued out of the Stannarye

APPENDIX. 159

f except it be in causes concerning life, member, or
ireehold) for any cause arising within the Stannarye ;
and if they be sued elsewhere, the Warden may de-
mand conusans, or the partye may plead his priviledge.

^' Besides this, there are other tynners that doe noe
handwork, as are owners of the soyle, owners of the
bounds, owners of the bloweing-houses, and their part-
ners, buyers and sellers of black tynne or whyte tynne
before tiie deliverance, theis may sue one another, or
working tynners^ or any other, in and for any matter
concerning tynne or tynne works in the Stannary
Courts.

** Both these tynners and the workers may sue one
another in the Stannary for all causes personall, not
concerning freehold, life, or member, arising within the
Stannarye, or elsewhere arising.

" One tynner may sue a forrayner in all like causes
personall, arising within the Stannarye ; but a tynner
may not sue a forreiner in the Stannary for matters
personall, arising out of the Stannary ; of those latter
sort of tynners, such only are intended as within some
convenient tymc make profitt, or endeavour to make
profitt, to the coynage.

" For the manner of trying whether one be a tynner
or not, the use in Cornwall* is by plea, and if issue be
joyned and found for the plaintifie, it is not peremp-
tory, but a respondes.

*' In the extent of the Stannaryes we cannot yet dis-
ceme but that the Stannaries do extend over the whole
county of Cornwall.

This is question of fact and not of lawe.
The exempc'on of tynners from toll is over the
whole county. The power to dig and search for tynne
is over the whole countye, saving under houses, or-
chards, gardens, &c.

*' The tynne wrought in any place of the countye
must be brought to the coynage.

" The priviledge of empc'on orp'empc'on is of tynne
gotten over the whole countye.

** Fynes and amerciaments set in the Stannary Court
are leviable in all parts of the countye.

4<

160 APPENDIX.

** Judgments had in the Stannary Court may be
levied over the whole countye by process of the Staa-

narye.

" For trespasses in tynne works process may be

executed in the whole countye.

"Water-courses for the tynne works or tynne
mills may be made in any place of the countye.
(Signed),
'' Thomas Richardson. " Thomas Trever.
" Robert Heats. " George Crooke.

" Humphrey Davenport. " George Vernon.
" John Denham. *' James Weston.

" Richard Hutton. " John Barkley.

'* William Jones. " Francis Crawley,

'' Henry Martyn. " William Noye.

" Pembroke and Montgomerie."

APPENDIX M.

Extracts of Statements made by John Wallis,
Esquire (then Vice-Warden), as to the course of
proceeding in the Steward's and Vice-Warden's
Courts.

Courts.

'* The Steward's Court is the Law Court held every
three weeks before the Steward, and cognizance of
actions of debt for any amount where the parties were
tinners. The proceedings are similar to those of other
inferior courts of Common Law, commencing by plaint,
attachment, capias^ &c., till an appearance is entered
for defendant, and then by declaration and other
pleading, issue, trial by jury, judgment and execu-
tion. Any attorney of the Courts at Westminster is
allowed to practice in this Court as solicitor and advo-
cate.

" About thirty years ago these Law Courts wer^ fre-

Juently holden in each of the Stannaries, except in
bYMORE, where very few tinners resided. The fees

APPENDIX. 161

olbwed to the Stewards and solicitors in these courts
being very small^ the latter found it more to their ad-
vantage to bring actions for debts above 40*. in the
Bupenor courts of Common Law^ and the practice of
these Stannary Courts of late years was confined to the
recovery of small debts under 40*., of which the supe-
rior courts do not take cognizance ; these also decreas-
ing in number, and the fees not paying for attendance
of the Stewards and suitors, the whole were consoli-
dated a few years since under one Steward ; — and this
has since dwindled into nothing; no cause having
been tried for several years, except an issue has been
directed to be tried by a Jury out of the Vice-
Warden's Court, to determine some disputed facts,
which may arise on causes brought before him. An
appeal lies from the Steward's Court to the Vice-
Warden."

The Vice-Warden's Court.

** The course of proceeding in this court is by peti-
tion to the Vice- Warden, stating the allegations oftlie
complainant's case; a copy of tnis petition is served
on the defendant, with the Vice- Warden's order to
appear at the next court and answer the contents of
the petition. If the defendant appears, by himself or
advocate, and offers to contest the subject-matter of the
petition, a day is set down for hearing the parties in
open court, where witnesses are examined on each side,
viva voce, and upon such hearing the Vice- Warden
makes his decree, which is afterwards enforced by sale
of property, or by attachment of contempt against the
person of the defendant, under which he may be im-
prisoned.

^' This process is very summary when compared with
the proceedings of other courts, particularly of the
Court of Chancery ; but without such a prompt and
speedy remedy mining concerns could never be car-
ried on with effect. The practice has been as old as
any records of the Stannaries, — has been found to be of

M

162 APPENDIX.

anfimte use to the suitors, — ^bas been necogmzed by tSie
parliament of tinners, — and its validity was never ques-
tioned by any of the Stamiary lawyers who have
heretofore practised as advocates or solicitors in this
court.

'^ In early ages, whilst most of the lands of the county
were in the hands of the Crown, and the Earl of Gorh-
wall exercised an exclusive jurisdiction in all affairs re-
lating to TIN, it is presumed that he heard the com-
plaints of tinners, viva voce, and determined according
to the justice of the case.

" Afterwards, when mining concerns became more
extended and of greater importance, it was found n€J-
cessary to Qtate the grounds of complaint, in a more
formal and specific manner, by a petition in writing to
the Vice-Warden, praying relief in a summary way,
and the Vice-Warden's order or summons for the
parties complained of to appear, and answer the matter
alleged in the petition, which, according to its modern
form and phraseology, near resembles a petition to the
Court of Chancery.

" Upon this petition being exhibited, the order of
the Vice-Warden issues (with the copy of the petition
annexed), summoning the party complained of to ap-
pear at a fixed day. This being served, if the defend-
ant appears, either by himself or attorney, and contests
the merits of the petition, a day is appointed for hear-
ing the parties, their advocates and solicitors. Wit-
nesses are then produced, sworn, and examined, viva
voce, on each side, on which the Vice-Warden makes
his decree, which, if not obeyed, is enforced by an at-
tachment, or by an order for sale of the materials,
shares^ or ores raised in the mine. This has been the
practice of the court from time immemorial.

" The ancient records of the court were formerly
kept at the Stannary Exchequer at Lostwithiel ; but in
the time of the rebellion in 1644, the Earl of Essex's
army, who were then quartered at that place, plun-
dered and destroyed these records.

'* This accoimts for the non-producticm of the pro-
ceedings of the court prior to the year 1750, or from

APPENDIX. 163

the time of the last Convocation^ which was in the year
1752.

^ Fiiom that time there are a great number of peti-
tions upon various subjects relating to tin mines and
adventures, tin bounds, &c. ; but questions and doubts
having lately arisen respecting the jubisdiction of the
Vice-Warden, proceeding by way of petition for the
recovery of monies or debts incurred by adventurers in
mines, for goods and materials, such as timber, powder,
candles, ropes, machinery, en^es, tools, &c., supplied
for carrying on such mines, and for work and Laibour
done therein, our attention will be immediately directed
to this point"

First f (IS to the Practice.

** It appears, from a great number of petitions which
have been exhibited to this court from the year 1750
to the present time, within which period there have been
six or seven different Vice-Wardens, some of them
men of the first intelligence, both in mining transac-
tions and in the law, that the petitioners have sought
redress for recovery of monies due to them for gt)ods, &c.
supplied to the mines, or for work and labour done
therein, and that orders and decrees have been made
for payment, as matters of course ; and though advo-
cates and attornies of the first respectability and talent
in the county have been employed in contesting the
merits of those petitions, on the behalf of the defend-
ants, it does not appear that any of them ever doubted
the authority or jurisdiction of the Vice-Warden in
entertaining such petitions."

Next, as to the Law.

'' It is, a maxim in the Stannary laws which seems
to be well understood and acted upon in the mining
districts of Cornwall, that the party who gives credit
for goods of any description supplied to a mine, or who
works or labours therein for hire or wages, has a lien,
not only on the tin ores raised in such mine, but on
the engines, maehineiy, to(ds, tackle, and materials,

m2

164 APPENDIX.

used 3iid employed in carrying on stieh miiw^ 4aeiui>
tlnerrfore, the Vicb-Wardek, as an Equity Jiu%e^ hasi
a power of laying an injunction upon the ore and mate-:
rials there founds for satisfying the just dembifds/o£
such creditors, and this is generally the prayer 'of: the
petition, particularly where the party or aavetituitevS'
are in indigent circumstances^ or not able to pay per^f
sonally.

^^ Upon this principle it is that mines are 'Carried
on with vigour and effect; for if the creditoi^ had
nothing to look to but the personal security of the
individual adventurers, many of whom live at a great
distance from the mine, in different parts of the king**'
dom, and are unknown, as to their circumstances and
abilities, to the creditor, very little credit would be
given, and the operations of the mine would be ex-
tremely tardy and feeble ; and many adventures whidi
have been, and are now, very productive, would ha;fe
been abandoned, or at least never have been set oil
foot.

"This principle, and the jurisdiction of the Vice-
Warden now contended for, seem to be recognised aft
far back as the reign of James II. ; for the 6th section
of the Convocation of 2 James IL provides, that where
there are several adventurers in one tin work, and any
of the costs or charges of the said tin work for goods,
wages, or otherwise, shall be unpaid, the party to
whom such money shall be due for goods shall only
sue the person who bought or contracted for such
goods, or hired such labourers, and not any other
adventurers ; and gives liberty jfor such person to re-
cover over against the adventurers in arrear, &c„ and
the like rem^y to be had for the pursers and captains
of any work ; and in case the party or parties that
shall be in arrear of their costs after such account; their
tin and tin stuff shall be sequestered and remain in
security until the matter shall be tried.
• "Now no such sequestration is applicable to a
Court of Law, but to Courts of Equity, which in thiis
case must be the Vice- Warden's Court.
, " The reason of the .law just referred to, that the

APPENDIX. 165

parky only shall be sued who bought dr ooutracted for
tiMil goods^ seems to be to make it consistent with the
next pseoeding article, sec. 5, where it is provided^ tlmt
any of the adventurers may, in working a mine, bring
mitheir' men and money (as it is termed in mining),
and in that case it would be oppressive for such adven-
turers, to be sued for goods or labour supplied to other
adventurers.

** The creditor who supplies such mines generally
looks to the Purser (the person employed as the agent
for the adventurers, to pay all monies, and make all
coatrasAs on behalf of the mine), and who is usually
one of the adventurers ; and as he receives all the
monies arising from the produce of the mine, the cre-
ditor generally sues the Purser for the amount of
goods> &c. supplied, either alone, or with one or more
if the adventurers, by petition to the Vice-Warden,
«Aieli Purser having power, by the aforesaid law of
2 James II., to recover over against the adventurers in
arrear.

'* The principle of lien is carried so far that there
are instances of injunctions being obtained on tin ore
removed from the mine to the stamping*mill, and on
tin smelted at the smelting-house, for payment of costs
in the mine, due from the person to whom such ore or
tin belongs.

" The right of petitioning the Vice-Warden, in
cases of recovering costs from adventurers in mines, is
expressly provided for by the 11th article of the last
Convocation of 1752, and in which powers are given of
sale of the share of any adventurer, and of the tin stuff,
which is a recognition of the summary mode of pro-
ceeding in this court.

** Upon the investigation of the merits of the peti-
tion, if a question should arise as to the amount of
the sum due to the petitioning creditor, it would, then
le incumbent on the Vice-Warden, at the request of
either of the parties, to direct an issue to the Stannary
XiAW Court to try that point by a Jury, and, on their
verdict being returned to him, to decree accordingly.

*' This is the equitable construction put upon this

166 APPENDIX.

mode of proceeding, founded on the peduliar etrdum^
stances erf mining ; and without such a jurisbigtion
the oHieeras of a mine ooukl not effectually be carried on,
where so many complicated transactions are involTe4»
and prompt and decisive measures are absolutely ne-
cessary."

APPENDIX N.

Progress of an Action in the Steward's Court for
the recovery of a debt, by one tinner against another,
from its commencement to its close.

Hie forms of proceeding in an action for the re-
eovery of a debt by one tinner against another^ accord-
ing to the course of practice in the Stannary Court of
the Steward, illustrated by tracing the progress of an
action in an actual case, from its commencement to its
close, extracted from the Records of the Steward's
Court for the Stannary of Penwith and Kerrier : —

L As to Serviceable Process only,

Harvey. ^^'^ attomies of the Steward's Court take out blank

27th Nov. sumnu)nse8, under the hand of the Steward, bearing

1807. date from the preceding court. These are filled up as

required, and are stated by the attorney as of the day
of the preceding Stannary Court.
The 18th Dec. The attorney for the plaintiff attends at the next
1807. Stannary Court, 18th December, 1807, and the fol-

lowing entries take place, viz. —

1st. Under date of the preceding court (27th No-
vember, 1807) the summons is entered thus, under a
column entitled ^' Plaints," with the name of tli^
plantiff 's attorney opposite each, viz. —

*f John Doe complains against Richard Roe, in a
plea of trespass on the case — summons awarded.

'' Attorney, Roberts."

APPENDIX. 167

Thm, under the date of the present court (18tli
December, 1807), the following entry is n:iade> viz. —

*' Doe V. Roe. — ^The defendant hath been summoned,
and bailiff returns Nil ; "

And thereupon capias is awarded imder the signature
of the Vice- Warden, and countersigned by the Stew-
ard, the Duchy seal being attached, either by the
Vice-Warden or by the Steward on his behalf, and
returnable at the following court.

Before the succeeding court (8th January) the capias
must be personally served by any clerk or other person. '

If the defendant does not appear on the return of
the capias, the attorney of the plaintiff, on affidavit
of service of the capias, appears for him, according
to the following entry, viz. —

*' Doe V. Roe. — ^The defendant hath been personally
served with a capias issued out of this Court by the
bailiff, as appears by affidavit filed.

*' Declaration filed, and Rule for Plea."

It will therefore be perceived, that, in fact, declara-
tion may be filed against a defendant in three weeks
and a day from the actual commencement of the suit,
assuming the summonses to have been issued the day
before the second court in practice.

After this, and four days before the succeeding
court, a notice must be served (not personally) on the
defendant, ^tating that a declaration has been filed,
the nature of the action, and the damages (much
in the usual form) ; and that unless he appears at the
next court and pleads thereto, judgment will be signed
against him by default.

At the next court (29th January, 1808), if no plea 29th Jan.
is filed on the part of the defenaant, the entry is as 18^8.
follows, viz. —

** Doe V. Roe.— Condemnation for want of plea,
and thereupon, writ of inquiry, with subpcena."

After this court, (29th January, 1808), and four
days exclusively before the next (19th February,

1808.

168 APPENDIX.

1808), notice must be served on the defendaoit (aoifi
personally), stating that a writ of inquiry of daiDHgi^
had been obtained against him at the last ooui^ and
that it will be executed before the Steward pf tiasti
court, at a certain time and place, when and .where
^' you may be present if you please."

The writ of inquiry is also filed in the Steward's
Court before the next court-day (19th F^brua^,
1808).
19th Feb. At this court (19th February, 1808,) two taxersare

summoned by the bailiff, being two indifferent persanQ«
in the nature of a Sheriff's Jury, and then are swoni»
before the Steward, '' well and truly to assess da-
mages," &c., in the usual way.

The plaintiff's attorney then conducts the case
before the Steward and the taxers, and, after stating
that the usual process has been complied with, esta-
blishes his case, either by evidence or the tacit admis-
sion of the defendant by non-appearance. Indeed,
the practice here bears strict analogy to the Common
Law practice, on writs of inquiry before the Sheriff.

The taxers having returned their verdict, at this
court (19th February, 1808), the following entry is
made: —

" (Name of cause), Doe v. Roe. — The Jurors sworn
assessed for Damages for the Plaintiff £ ; for
Costs 5s. ; and so much more as the Court shall
allow."

The verdict being thus obtained at the end of nine
weeks and a day from the actual commencement of
the action, when judgment has been suffered to go by
default.
llAMtTch, At the next court (1 1th March, 1808) the Stew-

1808. XRD taxes the attorney's bill of costs; and, adding to

them the damages, the following entry is made : —

" Doe V. Roe. — Final Judgment for Doe, and
thereupon execution for £ , debt and costs;"

(in the usual way on specialty debts, &c.)

A writ, in the nature of a /. fa. and ca. m. united.

Af»PENDlX. 169

i^h&a indues : this writ is signed and sealed by the Vice*

Waiiden, and- countersigned by the Steward. *

' From the aforegoing statement it will be seen, that

^m Judgment is suffered to go by default, execu-

tl4m may be obtained within twelve weeks and a day ^.

from the actual commencement of the action.

. PloaiiUiftgs continued after declaration, where de^*
fendant appears and pleads i-^—

At this court (29th January, 1808), after the ^s^^'"-
nature of declaration, as before stated, the defendant
appears by his attorney, of which an entry is made,
as follows, in the Steward's book, viz. —

•* Appearance for Defendant ; "

And at the same court applies for and obtains time to
plead, which is granted as of course, and the following
entry is made in the book, viz. —

" Doe t?. Roe. — ^Time to plead."

The defendant then gets three weeks* time to plead,
being till the next court (19th February, 1808).

At this court (19th February, 1808) the defendant I9th Feb,
may, on showing good cause, get further time to ^®®®'
plead.

If he pleads, he files it at this court, and an entry Nine weeks
is made :— »°<* * *'*y fro™

« Plea, general issue," t:^^^

Or as may be the case.

The plaintiff's attorney takes copy of the plea out of
the court.

At this court (11th March, 1808), the plaintiff llth March,
enters issue, and a facias, thus, — ^®^?» '*'«»'»

weeks and « -

" Doe 1). Roe. — Issue and venire facias." day.

At this court (1st April, 1808), the entry is — isi April, 1808,

fi|rAA|| weeks

'' Doe V. Roe. — Distringas and tales, with subpcena.'* and a day.

After this the plaintiff's attorney delivers notice of
trial for the next court (22d April, 1808), and delivers

170 APPENmx,

the didtmgas to the bailiff^ who Bummon^es i\lf^»ty-
four tinneis for Jurors at the next court. ^

22d April, At tbift oourt (22d April, 1808) the distrmga^ ia

i?*^k *'^5*®^" returned with the pannel.

wee s an a ^^ ^^ Commm Jury, the first six of the pannel

who appear try the cause.

In a Special Jury, the attomies strike the Jury
before the Steward, in the usual manner, reducing
the twenty-four to twelve.

The cause is then tried at this court, in the u^al

way, and the verdict is entered in the Steward's

book.

13th May, At this court (13th May, 1808) the Steward taxes

1808, twenty- ^^ attorney's bill, iudffment is recorded, and fi, 'fa.

OD6 wceKs and *' v o ' «/ ■/

a day. and ca. sa., as in the former case of judgment by

default

It appears, therefore, that as these courts are held
only once in three weeks, a delay of that period
must necessarily take place between every distinct
writ or process issuing out of the court; and, con-
sequently, that, in cases of demurrer, replication,
rejoinder, &c., the suits may be protracted consider-
ably beyond the twenty-one weeks, the shortest time
within which execution may be obtained, in a defended
cause, according to the practice detailed in the pre-
ceding statement.

2. As to Bailable Process.

Affidavit of debt is made according to the forms
and practice of the Court of King's Bench ; and this
is filed with the Steward before the capias can be
obtained. The bailable capias is in the same form as
the serviceable capias, excepting that the notice at
the foot of the latter is omitted in the former.

When the defendant is taken, he is lodged in the
Lostwithiel prison, where he must remain until dis-
* charged in due course of law.

On the return of the capias, which must be returnable
on a court-day, if the defendant has been taken, the
foUowmg entry is made in the Steward's book, viz. —

APPENDIX. 171

^ John Doe against Richard Roe. — The defendant
hath been arrested by virtue of a capias^ issued out of
this Court, and bailiff returns that defendant is a
prisoner in the gaol of Lostwithiel ; "

And thereupon^ a declaration is filed, and rule to
appear and plead.

So that it will be seen, that in case of bailable process
declaration may be had in three weeks less time than
by common serviceable process.

After the declaration filed, the action proceeds,
whether in case of judgment by default, or proceed-
ing to trial, precisely in the same routine of practice,
with reference to each case, as is detailed in the pre-
ceding statement.

APPENDIX, 173

EXTRACT

Of the Minute of the Commissioners for
Managing the Affairs of His Majesty's Duchy
of Cornwall ; Saturday ^ 2d May, 1829.

The Commissioners have under their consider-
ation the Report of the Auditor on the Laws
and Jurisdictions of the Stannaries in Corn-
wall, submitted to them in pursuance of their
Minute of the 12th August last^ by which he was
desired " to extend his inquiries into the state of
the Stannary Courts, as well as the administra-
tion of justice within the Stannary jurisdic-
tion, and to communicate to this Commission,
and to the Lord Warden, the result of such
inquiries."

This Report has been previously submitted
to, and been under the deliberate consideration
of each of the Commissioners, with the excep-
tion of the Lord Warden, who is abroad.

The following heads of this Report were sub-
mitted by the Auditor for the consideration of
the Commissioners ; viz. —

1st. Of the Court of the Lord Warden, in
which his Vice-Warden usually presides;
and, —

2d. Of the four Law Courts, one of which is
to be held for each of the four Stannaries of
Cornwall, and over which the Steward of
the Stannary is the presiding Judge.

174 APPENDIX.

The respective legitimate functions, and the
limits of the respective jurisdictions of these
courts, appeared to the Commissioners to be
clearly defined — ^the court of the Lord Warden,
or his Vice- Warden, as a Court of Equitable,
and the courts of the Stewards of the Sttmna-^
ries as Courts of Common Law jurisdiction ;
that all matters can be brought by i^peal, on
the ground of error, from the Steward's Court
into the Vice-Warden's, the latter being not
only the original court of jurisdiction in all
matters relating to equity, but likewise a court
of appellate jurisdiction over the Stew-
ard's Court. It is also within the competency
of the jurisdiction of the Steward's or Com-
mon Law Courts to take cognizance of, and to
redress all matters of civil wrong or injury,
'* concerning or depending upon the ' Stanna*
Ties'' (with the exception of land, life, or limb),
which is of such a nature as would, by the
Common Law of the land, in (»*diaary cases, be
properly cognizable and remediable by the Com-
mon Law of the land.

A departure from this line of distinction, io
the exercise by the court of the Vice- Warden
of the jurisdiction which properly belongs to
the Steward's Courts, appears to have com-
menced from a period anterior to the date of any
records of the proceedings in the Vice-War-
DEN^s Court, now extant in the Record Office,
at Truro, the earliest of which, however, do net
go further back than about the year 1 750. The
exercise of the jurisdiction of the Steward's
Court by the Vice- Warden was called in ques-
tion by Mr. Frederick Hall, who instituted pro*
ceedings against the late Vies- Warden (John

APPENDIX. 175

Viviafl, Esq.) The result of these proceedings
oeeasioned a total saspension of the adminis-
traticm of justice in the court of the Viob*
WAfil>GN| until that court and the Court of the
SvBWARD of the Stannaries were re-op^ned in
October last

Under these circumstances, the Auditor sub-
mitted^ for the consideration of the Special
Commissioners, whether it would not be highly
inexpedient to attempt to persevere in the ex*
ercise of a jurisdiction, the legality of which
has actually been brought into question by an
appeal to the higher triDunals of the country :
and although there has not been any formal
adjudication on the question, yet there are very
substantial grounds ior considering the practices
which has grown up, and prevailed for a length
of time, as contrary to the intent and meaning
and the true construction of the Stannary laws
and constitutions themselves.

After fully discussing these several points,
submitted by the Auditor for the consideration
and decision of the Commissioners, as arising
.out of the facts and circumstances, and the
various authoritative documents detailed in this
Report and the Appendices thereto; and the
Lord Chief Baron of Scotland, Sir Robert
Graham, and the Attorney-General of the
Duchy, having severally delivered their opinions
in concurrence with the view entertained and
submitted by the Auditor ; the Special Com-
missioners were of opinion, that it would be
highly inexpedient to attempt to persevere in
the exercise of a jurisdiction which has been
questioned, and, as appears, upon substantial
g)roUnds ; and were pleased to direct, that let-

176 APPENDIX.

ters be written to the Vice- Warden and the
Steward of the Stannary Courts^ communis
eating to them the decision the Special Com*
MissiONERS had come to on the various points
submitted to them by the Auditor, and con-
tained in his Report ; and likewise that a copy
of the said Report should be transmitted to
each of them for their official information^ to be
carefully preserved by them, as an official docu-
ment, to be handed over to their successors in
the event of their deaths or resignations.

Duchy of Cornwall Somerset-Place,
30th September 1829.
Sir,
I am directed by the Special Commissioners
for managing the affairs of His Majesty's
Duchy of Cornwall, to acquaint you, that
they have had under their serious and deliberate
consideration a Report made to them by the
Auditor of His Majesty's said Duchy, in pur-
suance of their directions to him, " to extend his
inquiries," in his visit into Cornwall, in the
course of the last autumn, '* into the state of the
Stannary Courts, as well as the administration
of justice within the Stannary jurisdiction,
and to comnmnicate to them the result of such
inquiries ;" and that the result of that consi-
deration (in which they have been aided by the
Kiat legal knowledge and experience of the
RD Chief Baron of the Exchequer in Scot-*
LAND, Sir Robert Graham, and the Attor-
ney-General of the Duchy, three of the indi-»
vidual members of His Majesty'^ Special Com-*

APPENDIX. 177

mission) has been a decided opiuio«> that it
wouM oot be expedient to attempt to persevere
m the exercise of a jurisdiction, the legality of
which has actually been brought into question
by an appeal to the higher tribunals of the
country : and although there has not been any
formal adjudication on the question, yet there
are very substantial grounds for considering the
practice which has grown up, and prevailed for
a great length of time, as contrary to the intent
and meaning and the true construction of the
Stannary laws and constitutions themselves, and
consequently as an irregular assumption of
judicial authority by the court of the Vice-
Warden.

And I am further to acquaint you that His Ma-
jesty's Special Commissioners are pleased to
direct that, in the exercise of the judicial func-
tions of the offices of Vice-Warden and of
Steward of the Stannaries, you should respec-
tively adhere to that known and obvious line of
distinction which governs the ordinary tribunals
of the country, and which will decisively cha-
racterize and clearly define the extent and
limits of the jurisdiction of your respective
courts, and assuredly fix them upon a basis un-
assailable by cavil or objection, — the court of the
Vice- Warden as a court of original and per-
fect jurisdiction in all matters of equity, but
in the exercise of that jurisdiction confined to
matters of equity, and also as a court of appel-
late JURISDICTION from the Steward's Court,
on the ground of error or false judgment in
LAW ; and the Steward's Court as the only legi-
timate .court of original Common Law Juris-
diction; to which resort mu^t b^ had, in the first

N

178 APPENDIX,

instance^or the trial of all matters, and for the
redress of all wrongs relating to Stannary affairs,
which are of such a nature or character as in all
ordinary affairs would, by our general municipal
law, be triable and remediable by a resort to
the Common Law jurisdictions of the land.
And I am further directed to state, that His
Majesty's Special Commissioners rely on
your zeal s^d exertions, to re-establish the court
over which you preside on a footing of respecta-
bility and efficiency, and to place the adminis-
tration of the Stannary laws on the firm basis of
public confidence in the honour, integrity, and
competency of the Judges by whom they are to
be administered.

I have the honour to be.

Sir,
Your obedient servant,

Thomas Abbot.

To John fFalliSy Esq.,

Vice-Warden of the Stannaries^ Cornwall,

A similar letter was addressed to John Bor-
lase. Esquire, the Steward of the Stannary
Court.

London t Printad by W. Clovxs & Sons, 14. Charing-Cross.

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